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	Substitute Amendment for Amendment (314795)
15	Amendment to Unengrossed Senate Amendment (771446) (with
16	title amendment)
17	On page 1, lines 20 through 23,
18	remove: all of said lines,
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20	and insert:
21	Section 8. Effective July 1, 2004, paragraph (d) of
22	subsection (6) of section 212.20, Florida Statutes, as amended
23	by section 92 of chapter 2003-402, Laws of Florida, is amended
24	to read:
25	212.20 Funds collected, disposition; additional powers of
26	department; operational expense; refund of taxes adjudicated
27	unconstitutionally collected.--
28	(6) Distribution of all proceeds under this chapter and s.
29	202.18(1)(b) and (2)(b) shall be as follows:
30	(d) The proceeds of all other taxes and fees imposed
31	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
32	and (2)(b) shall be distributed as follows:
33	1. In any fiscal year, the greater of $500 million, minus
34	an amount equal to 4.6 percent of the proceeds of the taxes
35	collected pursuant to chapter 201, or 5 percent of all other
36	taxes and fees imposed pursuant to this chapter or remitted
37	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
38	monthly installments into the General Revenue Fund.
39	2. Two-tenths of one percent shall be transferred to the
40	Ecosystem Management and Restoration Trust Fund to be used for
41	water quality improvement and water restoration projects.
42	3. After the distribution under subparagraphs 1. and 2.,
43	8.814 percent of the amount remitted by a sales tax dealer
44	located within a participating county pursuant to s. 218.61
45	shall be transferred into the Local Government Half-cent Sales
46	Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
47	be transferred pursuant to this subparagraph to the Local
48	Government Half-cent Sales Tax Clearing Trust Fund shall be
49	reduced by 0.1 percent, and the department shall distribute this
50	amount to the Public Employees Relations Commission Trust Fund
51	less $5,000 each month, which shall be added to the amount
52	calculated in subparagraph 4. and distributed accordingly.
53	4. After the distribution under subparagraphs 1., 2., and
54	3., 0.095 percent shall be transferred to the Local Government
55	Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
56	to s. 218.65.
57	5. After the distributions under subparagraphs 1., 2., 3.,
58	and 4., 2.0440 percent of the available proceeds pursuant to
59	this paragraph shall be transferred monthly to the Revenue
60	Sharing Trust Fund for Counties pursuant to s. 218.215.
61	6. After the distributions under subparagraphs 1., 2., 3.,
62	and 4., 1.3409 percent of the available proceeds pursuant to
63	this paragraph shall be transferred monthly to the Revenue
64	Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
65	the total revenue to be distributed pursuant to this
66	subparagraph is at least as great as the amount due from the
67	Revenue Sharing Trust Fund for Municipalities and the Municipal
68	Financial Assistance Trust Fund in state fiscal year 1999-2000,
69	no municipality shall receive less than the amount due from the
70	Revenue Sharing Trust Fund for Municipalities and the Municipal
71	Financial Assistance Trust Fund in state fiscal year 1999-2000.
72	If the total proceeds to be distributed are less than the amount
73	received in combination from the Revenue Sharing Trust Fund for
74	Municipalities and the Municipal Financial Assistance Trust Fund
75	in state fiscal year 1999-2000, each municipality shall receive
76	an amount proportionate to the amount it was due in state fiscal
77	year 1999-2000.
78	7. Of the remaining proceeds:
79	a. In each fiscal year, the sum of $29,915,500 shall be
80	divided into as many equal parts as there are counties in the
81	state, and one part shall be distributed to each county. The
82	distribution among the several counties shall begin each fiscal
83	year on or before January 5th and shall continue monthly for a
84	total of 4 months. If a local or special law required that any
85	moneys accruing to a county in fiscal year 1999-2000 under the
86	then-existing provisions of s. 550.135 be paid directly to the
87	district school board, special district, or a municipal
88	government, such payment shall continue until such time that the
89	local or special law is amended or repealed. The state covenants
90	with holders of bonds or other instruments of indebtedness
91	issued by local governments, special districts, or district
92	school boards prior to July 1, 2000, that it is not the intent
93	of this subparagraph to adversely affect the rights of those
94	holders or relieve local governments, special districts, or
95	district school boards of the duty to meet their obligations as
96	a result of previous pledges or assignments or trusts entered
97	into which obligated funds received from the distribution to
98	county governments under then-existing s. 550.135. This
99	distribution specifically is in lieu of funds distributed under
100	s. 550.135 prior to July 1, 2000.
101	b. The department shall distribute $166,667 monthly
102	pursuant to s. 288.1162 to each applicant that has been
103	certified as a "facility for a new professional sports
104	franchise" or a "facility for a retained professional sports
105	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
106	distributed monthly by the department to each applicant that has
107	been certified as a "facility for a retained spring training
108	franchise" pursuant to s. 288.1162; however, not more than
109	$208,335 may be distributed monthly in the aggregate to all
110	certified facilities for a retained spring training franchise.
111	Distributions shall begin 60 days following such certification
112	and shall continue for not more than 30 years. Nothing contained
113	in this paragraph shall be construed to allow an applicant
114	certified pursuant to s. 288.1162 to receive more in
115	distributions than actually expended by the applicant for the
116	public purposes provided for in s. 288.1162(6). However, a
117	certified applicant is entitled to receive distributions up to
118	the maximum amount allowable and undistributed under this
119	section for additional renovations and improvements to the
120	facility for the franchise without additional certification.
121	c. Beginning 30 days after notice by the Office of
122	Tourism, Trade, and Economic Development to the Department of
123	Revenue that an applicant has been certified as the professional
124	golf hall of fame pursuant to s. 288.1168 and is open to the
125	public, $166,667 shall be distributed monthly, for up to 300
126	months, to the applicant.
127	d. Beginning 30 days after notice by the Office of
128	Tourism, Trade, and Economic Development to the Department of
129	Revenue that the applicant has been certified as the
130	International Game Fish Association World Center facility
131	pursuant to s. 288.1169, and the facility is open to the public,
132	$83,333 shall be distributed monthly, for up to 168 months, to
133	the applicant. This distribution is subject to reduction
134	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
135	made, after certification and before July 1, 2000.
136	e. The department shall distribute monthly to units of
137	local government that have been certified as owning eligible
138	convention centers pursuant to s. 288.1171 an amount equal to
139	one-half of the proceeds, as defined in paragraph (5)(a),
140	received and collected in the previous month by the department
141	under the provisions of this chapter which are generated by such
142	eligible convention centers and remitted on the sales and use
143	tax returns of eligible convention centers. The total
144	distribution to each unit of local government may not exceed $3
145	million per state fiscal year. Distributions shall begin 60 days
146	following notification of certification by the Office of
147	Tourism, Trade, and Economic Development pursuant to s. 288.1171
148	and shall continue for not more than 30 years. Distributions
149	shall be used solely to encourage and provide economic
150	development for the attraction, recruitment, and retention of
151	corporate headquarters and of high-technology, manufacturing,
152	research and development, entertainment, and tourism industries
153	as designated by the unit of local government by resolution of
154	its governing body.
155	8. All other proceeds shall remain with the General
156	Revenue Fund.
157	Section 9. Effective July 1, 2004, section 288.1171,
158	Florida Statutes, is created to read:
159	288.1171 Convention centers owned by units of local
160	government; certification as owning eligible convention centers;
161	duties.--
162	(1) The Office of Tourism, Trade, and Economic Development
163	shall serve as the state agency for screening applicants for
164	state funding pursuant to s. 212.20(6)(d)7.e. and for certifying
165	an applicant as owning an eligible convention center.
166	(2) The Office of Tourism, Trade, and Economic Development
167	shall adopt rules pursuant to ss. 120.536(1) and 120.54 for the
168	receipt and processing of applications for funding pursuant to
169	s. 212.20(6)(d)7.e.
170	(3) As used in this section, the term "eligible convention
171	center" means a publicly owned facility having exhibition space
172	in excess of 60,000 square feet, the primary function of which
173	is to host meetings, conventions, or trade shows.
174	(4) Prior to certifying an applicant as owning an eligible
175	convention center, the Office of Tourism, Trade, and Economic
176	Development must determine that:
177	(a) The unit of local government, as defined in s.
178	218.369, owns an eligible convention center.
179	(b) The convention center contains more than 60,000 square
180	feet of exhibit space.
181	(c) The unit of local government in which the convention
182	center is located has certified by resolution after a public
183	hearing that the application serves a public purpose pursuant to
184	subsection (7).
185	(d) The convention center is located in a county that is
186	levying a tourist development tax pursuant to s. 125.0104.
187	(5) Upon certification of an applicant, the Office of
188	Tourism, Trade, and Economic Development shall notify the
189	executive director of the Department of Revenue of such
190	certification by means of an official letter granting
191	certification. The Department of Revenue may not begin
192	distributing proceeds until 60 days following notice by the
193	Office of Tourism, Trade, and Economic Development that a unit
194	of local government has been certified as owning an eligible
195	convention center.
196	(6) No applicant previously certified under any provision
197	of this section who has received proceeds under such
198	certification shall be eligible for an additional certification.
199	(7) A unit of local government certified as owning an
200	eligible convention center may use proceeds provided pursuant to
201	s. 212.20(6)(d)7.e. solely to encourage and provide economic
202	development for the attraction, recruitment, and retention of
203	corporate headquarters and of high-technology, manufacturing,
204	research and development, entertainment, and tourism industries
205	as designated by the unit of local government by resolution of
206	its governing body.
207	(8) The Department of Revenue may audit as provided in s.
208	213.34 to verify that the distributions pursuant to this section
209	have been expended as required in this section. Such information
210	is subject to the confidentiality requirements of chapter 213.
211	If the Department of Revenue determines that the distributions
212	have not been expended as required by this section, it may
213	pursue recovery of such proceeds pursuant to the laws and rules
214	governing the assessment of taxes.
215	(9) Failure to use the proceeds as provided in this
216	section shall be grounds for revoking certification.
217	(10) The provisions of this section shall apply only to
218	facilities existing and operating on the effective date of this
219	act.
220	Section 10. There are hereby appropriated for fiscal year
221	2003-2004 the following amounts to the Office of Tourism, Trade,
222	and Economic Development for strategic economic development
223	programs and initiatives:
224	(1) The sum of $10 million from the General Revenue Fund
225	to the Quick Action Closing Fund created in s. 288.1088, Florida
226	Statutes.
227	(2) The sum of $5 million from the General Revenue Fund to
228	the entertainment industry financial incentive program created
229	in s. 288.1254, Florida Statutes.
230	(3) The sum of $6 million from the General Revenue Fund to
231	the Quick Action Closing Fund created in s. 288.1088, Florida
232	Statutes, all of which shall be used to fund projects in rural
233	communities as defined in s. 288.0656(2)(b), Florida Statutes.
234	(4) The sum of $4 million from the General Revenue Fund to
235	the Rural Infrastructure Fund created in s. 288.0655, Florida
236	Statutes.
237	(5) The sum of $7.5 million from the General Revenue Fund
238	for fixed capital outlay military base retention projects
239	allocated to the following bases: Tyndall ($1 million), Mayport
240	($1 million), McDill ($1 million), and $4.5 for projects
241	approved pursuant to s. 288.980, Florida Statutes.
242	(6) The sum of $2.5 million from the General Revenue Fund
243	to fund the first ranked fixed capital outlay project of the
244	Regional Cultural Facilities Program Rollover Priority List from
245	fiscal year 2003-2004, which was developed in accordance with
246	1T-1.001(20), Florida Administrative Code.
247	(7) The sum of $1 million from the General Revenue Fund to
248	the Mote Marine Laboratory for scientific research to prevent
249	harmful algal blooms for the purpose of enhancing Florida
250	seafood production.
251	(8) The sum of $8 million from the General Revenue Fund
252	for the purpose of providing a one-time fixed capital outlay
253	grant to the University of South Florida to acquire the Fowler
254	Avenue South site as part of its Bioengineering and Life
255	Sciences Research Park.
256	(9) The sum of $5,000 from the General Revenue Fund for
257	the purpose of developing a plan to implement the convention
258	center sales tax rebate program as established in sections 5 and
259	6.
260	(10) The sum of $3 million from the General Revenue Fund
261	for the purpose of providing one-time grants to further
262	biotechnology research, training, and facilities to the
263	following institutions as follows:
264	(a) Edward Waters College, $1 million.
265	(b) Bethune-Cookman College, $1 million.
266	(c) Florida Memorial College, $1 million.
267	(11) The sum of $1 million from the General Revenue Fund
268	for the purpose of providing a one-time grant to the Free Trade
269	Areas of the Americas, Inc., to host the ministerial summit and
270	secure the permanent secretariat.
271
272	================= T I T L E A M E N D M E N T =================
273	Remove the entire title, and insert:
274	A bill to be entitled
275	An act relating to economic development strategic
276	initiatives; creating s. 288.955, F.S.; creating the
277	Scripps Florida Funding Corporation to facilitate the
278	establishment and operation of a biomedical research
279	institution for the purposes of enhancing education and
280	research and promoting economic development and diversity;
281	providing for its board of directors; prohibiting
282	conflicts of interest; providing penalties; providing
283	powers and duties of the corporation; providing for
284	investment of funds; requiring an operating plan;
285	requiring the corporation and Scripps Florida or another
286	entity operating such an institution to enter into a
287	contract; providing for disbursement and reinvestment of
288	funds; requiring reports, audits, and evaluations;
289	providing for performance measures as conditions for
290	disbursement of funds; limiting the use of funds;
291	providing that the appropriation of funds does not
292	constitute a debt of the state or a subdivision of the
293	state nor does it subject the state or a subdivision to
294	liability; creating the Joint Legislative Committee on
295	Biomedical Investment Oversight; providing its membership
296	and duties; providing legislative intent with respect to
297	creating economic opportunity and improving public health
298	through the establishment of a biomedical research
299	institution; amending s. 403.973, F.S.; specifying that
300	projects that are part of the biomedical research
301	institution and campus are eligible for the expedited
302	permitting process; providing for challenges to state
303	agency action in expedited permitting related to the
304	institution and campus; providing for the reversion of
305	funds to the General Revenue Fund under certain
306	circumstances; providing for an extension of the contract
307	deadline under certain circumstances in which the grantee
308	cannot meet the conditions of the contract; amending s.
309	288.1088, F.S., relating to the Quick Action Closing Fund;
310	requiring a recommendation by the Executive Office of the
311	Governor; providing requirements for such recommendation;
312	amending s. 212.20, F.S.; providing for distribution of a
313	portion of revenues from the tax on sales, use, and other
314	transactions to specified units of local government owning
315	eligible convention centers; creating s. 288.1171, F.S.;
316	providing for certification of units of local government
317	owning eligible convention centers by the Office of
318	Tourism, Trade, and Economic Development; requiring the
319	office to adopt specified rules; providing a definition;
320	providing requirements for certification; providing for
321	use of proceeds distributed to units of local government
322	under the act; providing for audits by the Department of
323	Revenue; providing for revocation of certification;
324	providing application; providing appropriations; providing
325	effective dates.