HOUSE AMENDMENT Bill No. CS/CS/SB 6E
1	CHAMBER ACTION
2	Senate House
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12	Representative Johnson offered the following::
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14	Amendment to Unengrossed Senate Amendment (771446) (with
15	title amendment)
16	On page 1, lines 20 through 23,
17	remove: all of said lines,
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19	and insert:
20	Section 8. Effective July 1, 2004, paragraph (d) of
21	subsection (6) of section 212.20, Florida Statutes, as amended
22	by section 92 of chapter 2003-402, Laws of Florida, is amended
23	to read:
24	212.20 Funds collected, disposition; additional powers of
25	department; operational expense; refund of taxes adjudicated
26	unconstitutionally collected.--
27	(6) Distribution of all proceeds under this chapter and s.
28	202.18(1)(b) and (2)(b) shall be as follows:
29	(d) The proceeds of all other taxes and fees imposed
30	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
31	and (2)(b) shall be distributed as follows:
32	1. In any fiscal year, the greater of $500 million, minus
33	an amount equal to 4.6 percent of the proceeds of the taxes
34	collected pursuant to chapter 201, or 5 percent of all other
35	taxes and fees imposed pursuant to this chapter or remitted
36	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
37	monthly installments into the General Revenue Fund.
38	2. Two-tenths of one percent shall be transferred to the
39	Ecosystem Management and Restoration Trust Fund to be used for
40	water quality improvement and water restoration projects.
41	3. After the distribution under subparagraphs 1. and 2.,
42	8.814 percent of the amount remitted by a sales tax dealer
43	located within a participating county pursuant to s. 218.61
44	shall be transferred into the Local Government Half-cent Sales
45	Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
46	be transferred pursuant to this subparagraph to the Local
47	Government Half-cent Sales Tax Clearing Trust Fund shall be
48	reduced by 0.1 percent, and the department shall distribute this
49	amount to the Public Employees Relations Commission Trust Fund
50	less $5,000 each month, which shall be added to the amount
51	calculated in subparagraph 4. and distributed accordingly.
52	4. After the distribution under subparagraphs 1., 2., and
53	3., 0.095 percent shall be transferred to the Local Government
54	Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
55	to s. 218.65.
56	5. After the distributions under subparagraphs 1., 2., 3.,
57	and 4., 2.0440 percent of the available proceeds pursuant to
58	this paragraph shall be transferred monthly to the Revenue
59	Sharing Trust Fund for Counties pursuant to s. 218.215.
60	6. After the distributions under subparagraphs 1., 2., 3.,
61	and 4., 1.3409 percent of the available proceeds pursuant to
62	this paragraph shall be transferred monthly to the Revenue
63	Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
64	the total revenue to be distributed pursuant to this
65	subparagraph is at least as great as the amount due from the
66	Revenue Sharing Trust Fund for Municipalities and the Municipal
67	Financial Assistance Trust Fund in state fiscal year 1999-2000,
68	no municipality shall receive less than the amount due from the
69	Revenue Sharing Trust Fund for Municipalities and the Municipal
70	Financial Assistance Trust Fund in state fiscal year 1999-2000.
71	If the total proceeds to be distributed are less than the amount
72	received in combination from the Revenue Sharing Trust Fund for
73	Municipalities and the Municipal Financial Assistance Trust Fund
74	in state fiscal year 1999-2000, each municipality shall receive
75	an amount proportionate to the amount it was due in state fiscal
76	year 1999-2000.
77	7. Of the remaining proceeds:
78	a. In each fiscal year, the sum of $29,915,500 shall be
79	divided into as many equal parts as there are counties in the
80	state, and one part shall be distributed to each county. The
81	distribution among the several counties shall begin each fiscal
82	year on or before January 5th and shall continue monthly for a
83	total of 4 months. If a local or special law required that any
84	moneys accruing to a county in fiscal year 1999-2000 under the
85	then-existing provisions of s. 550.135 be paid directly to the
86	district school board, special district, or a municipal
87	government, such payment shall continue until such time that the
88	local or special law is amended or repealed. The state covenants
89	with holders of bonds or other instruments of indebtedness
90	issued by local governments, special districts, or district
91	school boards prior to July 1, 2000, that it is not the intent
92	of this subparagraph to adversely affect the rights of those
93	holders or relieve local governments, special districts, or
94	district school boards of the duty to meet their obligations as
95	a result of previous pledges or assignments or trusts entered
96	into which obligated funds received from the distribution to
97	county governments under then-existing s. 550.135. This
98	distribution specifically is in lieu of funds distributed under
99	s. 550.135 prior to July 1, 2000.
100	b. The department shall distribute $166,667 monthly
101	pursuant to s. 288.1162 to each applicant that has been
102	certified as a "facility for a new professional sports
103	franchise" or a "facility for a retained professional sports
104	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
105	distributed monthly by the department to each applicant that has
106	been certified as a "facility for a retained spring training
107	franchise" pursuant to s. 288.1162; however, not more than
108	$208,335 may be distributed monthly in the aggregate to all
109	certified facilities for a retained spring training franchise.
110	Distributions shall begin 60 days following such certification
111	and shall continue for not more than 30 years. Nothing contained
112	in this paragraph shall be construed to allow an applicant
113	certified pursuant to s. 288.1162 to receive more in
114	distributions than actually expended by the applicant for the
115	public purposes provided for in s. 288.1162(6). However, a
116	certified applicant is entitled to receive distributions up to
117	the maximum amount allowable and undistributed under this
118	section for additional renovations and improvements to the
119	facility for the franchise without additional certification.
120	c. Beginning 30 days after notice by the Office of
121	Tourism, Trade, and Economic Development to the Department of
122	Revenue that an applicant has been certified as the professional
123	golf hall of fame pursuant to s. 288.1168 and is open to the
124	public, $166,667 shall be distributed monthly, for up to 300
125	months, to the applicant.
126	d. Beginning 30 days after notice by the Office of
127	Tourism, Trade, and Economic Development to the Department of
128	Revenue that the applicant has been certified as the
129	International Game Fish Association World Center facility
130	pursuant to s. 288.1169, and the facility is open to the public,
131	$83,333 shall be distributed monthly, for up to 168 months, to
132	the applicant. This distribution is subject to reduction
133	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
134	made, after certification and before July 1, 2000.
135	e. The department shall distribute monthly to units of
136	local government that have been certified as owning eligible
137	convention centers pursuant to s. 288.1171 an amount equal to
138	one-half of the proceeds, as defined in paragraph (5)(a),
139	received and collected in the previous month by the department
140	under the provisions of this chapter which are generated by such
141	eligible convention centers and remitted on the sales and use
142	tax returns of eligible convention centers. The total
143	distribution to each unit of local government may not exceed $3
144	million per state fiscal year. Distributions shall begin 60 days
145	following notification of certification by the Office of
146	Tourism, Trade, and Economic Development pursuant to s. 288.1171
147	and shall continue for not more than 30 years. Distributions
148	shall be used solely to encourage and provide economic
149	development for the attraction, recruitment, and retention of
150	corporate headquarters and of high-technology, manufacturing,
151	research and development, entertainment, and tourism industries
152	as designated by the unit of local government by resolution of
153	its governing body.
154	8. All other proceeds shall remain with the General
155	Revenue Fund.
156	Section 9. Effective July 1, 2004, section 288.1171,
157	Florida Statutes, is created to read:
158	288.1171 Convention centers owned by units of local
159	government; certification as owning eligible convention centers;
160	duties.--
161	(1) The Office of Tourism, Trade, and Economic Development
162	shall serve as the state agency for screening applicants for
163	state funding pursuant to s. 212.20(6)(d)7.e. and for certifying
164	an applicant as owning an eligible convention center.
165	(2) The Office of Tourism, Trade, and Economic Development
166	shall adopt rules pursuant to ss. 120.536(1) and 120.54 for the
167	receipt and processing of applications for funding pursuant to
168	s. 212.20(6)(d)7.e.
169	(3) As used in this section, the term "eligible convention
170	center" means a publicly owned facility having exhibition space
171	in excess of 60,000 square feet, the primary function of which
172	is to host meetings, conventions, or trade shows.
173	(4) Prior to certifying an applicant as owning an eligible
174	convention center, the Office of Tourism, Trade, and Economic
175	Development must determine that:
176	(a) The unit of local government, as defined in s.
177	218.369, owns an eligible convention center.
178	(b) The convention center contains more than 60,000 square
179	feet of exhibit space.
180	(c) The unit of local government in which the convention
181	center is located has certified by resolution after a public
182	hearing that the application serves a public purpose pursuant to
183	subsection (7).
184	(d) The convention center is located in a county that is
185	levying a tourist development tax pursuant to s. 125.0104.
186	(5) Upon certification of an applicant, the Office of
187	Tourism, Trade, and Economic Development shall notify the
188	executive director of the Department of Revenue of such
189	certification by means of an official letter granting
190	certification. The Department of Revenue may not begin
191	distributing proceeds until 60 days following notice by the
192	Office of Tourism, Trade, and Economic Development that a unit
193	of local government has been certified as owning an eligible
194	convention center.
195	(6) No applicant previously certified under any provision
196	of this section who has received proceeds under such
197	certification shall be eligible for an additional certification.
198	(7) A unit of local government certified as owning an
199	eligible convention center may use proceeds provided pursuant to
200	s. 212.20(6)(d)7.e. solely to encourage and provide economic
201	development for the attraction, recruitment, and retention of
202	corporate headquarters and of high-technology, manufacturing,
203	research and development, entertainment, and tourism industries
204	as designated by the unit of local government by resolution of
205	its governing body.
206	(8) The Department of Revenue may audit as provided in s.
207	213.34 to verify that the distributions pursuant to this section
208	have been expended as required in this section. Such information
209	is subject to the confidentiality requirements of chapter 213.
210	If the Department of Revenue determines that the distributions
211	have not been expended as required by this section, it may
212	pursue recovery of such proceeds pursuant to the laws and rules
213	governing the assessment of taxes.
214	(9) Failure to use the proceeds as provided in this
215	section shall be grounds for revoking certification.
216	(10) The provisions of this section shall apply only to
217	facilities existing and operating on the effective date of this
218	act.
219	Section 10. There are hereby appropriated for fiscal year
220	2003-2004 the following amounts to the Office of Tourism, Trade,
221	and Economic Development for strategic economic development
222	programs and initiatives:
223	(1) The sum of $10 million from the General Revenue Fund
224	to the Quick Action Closing Fund created in s. 288.1088, Florida
225	Statutes.
226	(2) The sum of $5 million from the General Revenue Fund to
227	the entertainment industry financial incentive program created
228	in s. 288.1254, Florida Statutes.
229	(3) The sum of $3 million from the General Revenue Fund to
230	the Quick Action Closing Fund created in s. 288.1088, Florida
231	Statutes, all of which shall be used to fund projects in rural
232	communities as defined in s. 288.0656(2)(b), Florida Statutes.
233	(4) The sum of $2 million from the General Revenue Fund to
234	the Rural Infrastructure Fund created in s. 288.0655, Florida
235	Statutes.
236	(5) The sum of $7.5 million from the General Revenue Fund
237	for fixed capital outlay military base retention projects
238	allocated to the following bases: Tyndall ($1 million), Mayport
239	($1 million), McDill ($1 million), and $4.5 for projects
240	approved pursuant to s. 288.980, Florida Statutes.
241	(6) The sum of $2.5 million from the General Revenue Fund
242	to fund the first ranked fixed capital outlay project of the
243	Regional Cultural Facilities Program Rollover Priority List from
244	fiscal year 2003-2004, which was developed in accordance with
245	1T-1.001(20), Florida Administrative Code.
246	(7) The sum of $1 million from the General Revenue Fund to
247	the Mote Marine Laboratory for scientific research to prevent
248	harmful algal blooms for the purpose of enhancing Florida
249	seafood production.
250	(8) The sum of $8 million from the General Revenue Fund
251	for the purpose of providing a one-time fixed capital outlay
252	grant to the University of South Florida to acquire the Fowler
253	Avenue South site as part of its Bioengineering and Life
254	Sciences Research Park.
255	(9) The sum of $5,000 from the General Revenue Fund for
256	the purpose of developing a plan to implement the convention
257	center sales tax rebate program as established in sections 5 and
258	6.
259	(10) The sum of $3 million from the General Revenue Fund
260	for the purpose of providing one-time grants to further
261	biotechnology research, training, and facilities to the
262	following institutions as follows:
263	(a) Edward Waters College, $1 million.
264	(b) Bethune-Cookman College, $1 million.
265	(c) Florida Memorial College, $1 million.
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268	================= T I T L E A M E N D M E N T =================
269	Remove the entire title, and insert:
270	A bill to be entitled
271	An act relating to economic development strategic
272	initiatives; creating s. 288.955, F.S.; creating the
273	Scripps Florida Funding Corporation to facilitate the
274	establishment and operation of a biomedical research
275	institution for the purposes of enhancing education and
276	research and promoting economic development and diversity;
277	providing for its board of directors; prohibiting
278	conflicts of interest; providing penalties; providing
279	powers and duties of the corporation; providing for
280	investment of funds; requiring an operating plan;
281	requiring the corporation and Scripps Florida or another
282	entity operating such an institution to enter into a
283	contract; providing for disbursement and reinvestment of
284	funds; requiring reports, audits, and evaluations;
285	providing for performance measures as conditions for
286	disbursement of funds; limiting the use of funds;
287	providing that the appropriation of funds does not
288	constitute a debt of the state or a subdivision of the
289	state nor does it subject the state or a subdivision to
290	liability; creating the Joint Legislative Committee on
291	Biomedical Investment Oversight; providing its membership
292	and duties; providing legislative intent with respect to
293	creating economic opportunity and improving public health
294	through the establishment of a biomedical research
295	institution; amending s. 403.973, F.S.; specifying that
296	projects that are part of the biomedical research
297	institution and campus are eligible for the expedited
298	permitting process; providing for challenges to state
299	agency action in expedited permitting related to the
300	institution and campus; providing for the reversion of
301	funds to the General Revenue Fund under certain
302	circumstances; providing for an extension of the contract
303	deadline under certain circumstances in which the grantee
304	cannot meet the conditions of the contract; amending s.
305	288.1088, F.S., relating to the Quick Action Closing Fund;
306	requiring a recommendation by the Executive Office of the
307	Governor; providing requirements for such recommendation;
308	amending s. 212.20, F.S.; providing for distribution of a
309	portion of revenues from the tax on sales, use, and other
310	transactions to specified units of local government owning
311	eligible convention centers; creating s. 288.1171, F.S.;
312	providing for certification of units of local government
313	owning eligible convention centers by the Office of
314	Tourism, Trade, and Economic Development; requiring the
315	office to adopt specified rules; providing a definition;
316	providing requirements for certification; providing for
317	use of proceeds distributed to units of local government
318	under the act; providing for audits by the Department of
319	Revenue; providing for revocation of certification;
320	providing application; providing appropriations; providing
321	effective dates.