1 | A bill to be entitled |
2 | An act relating to emergency distributions of the local |
3 | government half-cent sales tax; amending s. 215.211, F.S.; |
4 | providing for continuing application of the 7-percent |
5 | service charge on local option fuel taxes; requiring |
6 | deposit of the proceeds of the continued service charge |
7 | into the Local Government Half-cent Sales Tax Clearing |
8 | Trust Fund; specifying distribution of proceeds through |
9 | revised emergency distribution requirements; deleting |
10 | provisions requiring deposit of service charge proceeds |
11 | into certain local grant programs; amending s. 218.65, |
12 | F.S.; revising certain criteria for a declaration of |
13 | fiscal emergency; restricting distribution of certain |
14 | funds under emergency distribution provisions to counties |
15 | levying certain ad valorem tax millage rates; revising |
16 | procedures for making emergency distributions; providing |
17 | for certain additional emergency distributions under |
18 | certain circumstances; providing an effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Subsection (3) of section 215.211, Florida |
23 | Statutes, is amended to read: |
24 | 215.211 Service charge; elimination or reduction for |
25 | specified proceeds.-- |
26 | (3) Notwithstanding the provisions of s. 215.20(1), the |
27 | service charge provided in s. 215.20(1), which is deducted from |
28 | the proceeds of the local option fuel tax distributed under s. |
29 | 336.025, shall be reduced as follows: |
30 | (a) For the period July 1, 2005, through June 30, 2006, |
31 | the rate of the service charge shall be 3.5 percent. |
32 | (b) Beginning July 1, 2006, and thereafter, the rate of |
33 | the service charge shall be 1.4 percent. Notwithstanding any |
34 | other provision of law, this service charge shall be deposited |
35 | into the Local Government Half-cent Sales Tax Clearing Trust |
36 | Fund to be distributed pursuant to s. 218.65 no service charge |
37 | shall be deducted from the proceeds of the local option fuel tax |
38 | distributed under s. 336.025. |
39 |
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40 | The increased revenues derived from this subsection shall be |
41 | deposited in the State Transportation Trust Fund and used to |
42 | fund the County Incentive Grant Program and the Small County |
43 | Outreach Program. Up to 20 percent of such funds shall be used |
44 | for the purpose of implementing the Small County Outreach |
45 | Program as provided in this act. Notwithstanding any other laws |
46 | to the contrary, the requirements of ss. 339.135, 339.155, and |
47 | 339.175 shall not apply to these funds and programs. |
48 | Section 2. Subsections (2) and (5) of section 218.65, |
49 | Florida Statutes, are amended to read: |
50 | 218.65 Emergency distribution.-- |
51 | (2) The Legislature hereby finds and declares that a |
52 | fiscal emergency exists in any county which meets the criteria |
53 | specified in paragraph (a) or, if applicable, and the criterion |
54 | specified in paragraph (b): |
55 | (a) If the county has a population of 75,000 65,000 or |
56 | less and levies ad valorem taxes at a rate of 8 mills or more |
57 | above: |
58 | 1. In any year from 1977 to 1981, inclusive, the value of |
59 | net new construction and additions placed on the tax roll for |
60 | that year was less than 2 percent of the taxable value for |
61 | school purposes on the roll for that year, exclusive of such net |
62 | value; or |
63 | 2. The percentage increase in county taxable value from |
64 | 1979 to 1980, 1980 to 1981, or 1981 to 1982 was less than 3 |
65 | percent. |
66 | (b) If the county has a population of 75,000 or less and |
67 | the moneys distributed to the county government pursuant to s. |
68 | 218.62 for the prior calendar fiscal year were less than the |
69 | current per capita limitation, based on the population of that |
70 | county. |
71 | (5) At the beginning of each fiscal year, the Department |
72 | of Revenue shall calculate a base allocation for each eligible |
73 | county equal to the difference between the current per capita |
74 | limitation times the county's population, minus prior year |
75 | ordinary distributions to the county pursuant to ss. |
76 | 212.20(6)(d)3., 218.61, and 218.62. If moneys deposited into the |
77 | Local Government Half-cent Sales Tax Clearing Trust Fund |
78 | pursuant to s. 212.20(6)(d)4., excluding moneys appropriated for |
79 | supplemental distributions pursuant to subsection (7) and the |
80 | moneys deposited pursuant to s. 215.211, for the current year |
81 | are less than or equal to the sum of the base allocations, each |
82 | eligible county shall receive a share of the appropriated amount |
83 | proportional to its base allocation. If the deposited amount of |
84 | such deposited moneys exceeds the sum of the base allocations, |
85 | each county shall receive its base allocation, and the excess |
86 | appropriated amount shall be distributed equally on a per capita |
87 | basis among the eligible counties with populations of 75,000 or |
88 | less that levied ad valorem taxes at a rate of 8 mills or more |
89 | for the prior year, in the following manner: |
90 | (a) The Department of Revenue shall determine whether, for |
91 | any county with a population of 75,000 or less that levies ad |
92 | valorem taxes at a rate of 8 mills or more, the moneys |
93 | distributed to the county government pursuant to s. 218.62 for |
94 | the prior fiscal year on a per capita basis were greater than |
95 | the current per capita limitation, based on the population of |
96 | that county. If any such counties are identified, the Department |
97 | of Revenue shall identify the county among such counties that |
98 | received the largest per capita distribution pursuant to s. |
99 | 218.62. Each county with a population of 75,000 or less that |
100 | levies ad valorem taxes at a rate of 8 mills or more shall |
101 | receive a distribution, as a second emergency distribution, |
102 | equal to such largest per capita amount times the county |
103 | population minus prior year ordinary distributions to the county |
104 | pursuant to ss. 212.20(6)(d)3., 218.61, and 218.62. If moneys |
105 | deposited into the Local Government Half-cent Sales Tax Clearing |
106 | Trust Fund pursuant to s. 212.20(6)(d)4., excluding moneys |
107 | appropriated for supplemental distributions pursuant to |
108 | subsection (7), for the current year are insufficient to make |
109 | the entire amount of this second emergency distribution, each |
110 | eligible county shall receive a share of the appropriated amount |
111 | proportional to the total amount that would be distributed |
112 | through this second emergency had the funds been sufficient to |
113 | make this second emergency distribution. |
114 | (b) If the deposited amount exceeds the sum of the base |
115 | allocations and the second emergency distribution, the excess |
116 | appropriated amount shall be distributed, as a third emergency |
117 | distribution, equally on a per capita basis among the eligible |
118 | counties with populations of 75,000 or less that levied ad |
119 | valorem taxes at a rate of 8 mills or more. |
120 | Section 3. This act shall take effect July 1, 2006. |