HB 1049

1
A bill to be entitled
2An act relating to distributions of sales and use tax
3proceeds; amending s. 212.20, F.S.; increasing a monthly
4distribution of funds to certain professional sports
5franchises; providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Paragraph (d) of subsection (6) of section
10212.20, Florida Statutes, is amended to read:
11     212.20  Funds collected, disposition; additional powers of
12department; operational expense; refund of taxes adjudicated
13unconstitutionally collected.--
14     (6)  Distribution of all proceeds under this chapter and s.
15202.18(1)(b) and (2)(b) shall be as follows:
16     (d)  The proceeds of all other taxes and fees imposed
17pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
18and (2)(b) shall be distributed as follows:
19     1.  In any fiscal year, the greater of $500 million, minus
20an amount equal to 4.6 percent of the proceeds of the taxes
21collected pursuant to chapter 201, or 5 percent of all other
22taxes and fees imposed pursuant to this chapter or remitted
23pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
24monthly installments into the General Revenue Fund.
25     2.  Two-tenths of one percent shall be transferred to the
26Ecosystem Management and Restoration Trust Fund to be used for
27water quality improvement and water restoration projects.
28     3.  After the distribution under subparagraphs 1. and 2.,
298.814 percent of the amount remitted by a sales tax dealer
30located within a participating county pursuant to s. 218.61
31shall be transferred into the Local Government Half-cent Sales
32Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
33be transferred pursuant to this subparagraph to the Local
34Government Half-cent Sales Tax Clearing Trust Fund shall be
35reduced by 0.1 percent, and the department shall distribute this
36amount to the Public Employees Relations Commission Trust Fund
37less $5,000 each month, which shall be added to the amount
38calculated in subparagraph 4. and distributed accordingly.
39     4.  After the distribution under subparagraphs 1., 2., and
403., 0.095 percent shall be transferred to the Local Government
41Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
42to s. 218.65.
43     5.  After the distributions under subparagraphs 1., 2., 3.,
44and 4., 2.0440 percent of the available proceeds pursuant to
45this paragraph shall be transferred monthly to the Revenue
46Sharing Trust Fund for Counties pursuant to s. 218.215.
47     6.  After the distributions under subparagraphs 1., 2., 3.,
48and 4., 1.3409 percent of the available proceeds pursuant to
49this paragraph shall be transferred monthly to the Revenue
50Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
51the total revenue to be distributed pursuant to this
52subparagraph is at least as great as the amount due from the
53Revenue Sharing Trust Fund for Municipalities and the former
54Municipal Financial Assistance Trust Fund in state fiscal year
551999-2000, no municipality shall receive less than the amount
56due from the Revenue Sharing Trust Fund for Municipalities and
57the former Municipal Financial Assistance Trust Fund in state
58fiscal year 1999-2000. If the total proceeds to be distributed
59are less than the amount received in combination from the
60Revenue Sharing Trust Fund for Municipalities and the former
61Municipal Financial Assistance Trust Fund in state fiscal year
621999-2000, each municipality shall receive an amount
63proportionate to the amount it was due in state fiscal year
641999-2000.
65     7.  Of the remaining proceeds:
66     a.  In each fiscal year, the sum of $29,915,500 shall be
67divided into as many equal parts as there are counties in the
68state, and one part shall be distributed to each county. The
69distribution among the several counties shall begin each fiscal
70year on or before January 5th and shall continue monthly for a
71total of 4 months. If a local or special law required that any
72moneys accruing to a county in fiscal year 1999-2000 under the
73then-existing provisions of s. 550.135 be paid directly to the
74district school board, special district, or a municipal
75government, such payment shall continue until such time that the
76local or special law is amended or repealed. The state covenants
77with holders of bonds or other instruments of indebtedness
78issued by local governments, special districts, or district
79school boards prior to July 1, 2000, that it is not the intent
80of this subparagraph to adversely affect the rights of those
81holders or relieve local governments, special districts, or
82district school boards of the duty to meet their obligations as
83a result of previous pledges or assignments or trusts entered
84into which obligated funds received from the distribution to
85county governments under then-existing s. 550.135. This
86distribution specifically is in lieu of funds distributed under
87s. 550.135 prior to July 1, 2000.
88     b.  The department shall distribute $166,667 monthly
89pursuant to s. 288.1162 to each applicant that has been
90certified as a "facility for a new professional sports
91franchise" or a "facility for a retained professional sports
92franchise" pursuant to s. 288.1162, except that for new or
93retained professional sports franchises certified on or after
94January 1, 2005, and for previously certified new and retained
95professional sports franchises undertaking additional
96renovations and improvements pursuant to s. 288.1162, such
97distribution shall be $275,000. Up to $41,667 shall be
98distributed monthly by the department to each applicant that has
99been certified as a "facility for a retained spring training
100franchise" pursuant to s. 288.1162; however, not more than
101$208,335 may be distributed monthly in the aggregate to all
102certified facilities for a retained spring training franchise.
103Distributions shall begin 60 days following such certification
104and shall continue for not more than 30 years. Nothing contained
105in this paragraph shall be construed to allow an applicant
106certified pursuant to s. 288.1162 to receive more in
107distributions than actually expended by the applicant for the
108public purposes provided for in s. 288.1162(6). However, a
109certified applicant is entitled to receive distributions up to
110the maximum amount allowable and undistributed under this
111section for additional renovations and improvements to the
112facility for the franchise without additional certification.
113     c.  Beginning 30 days after notice by the Office of
114Tourism, Trade, and Economic Development to the Department of
115Revenue that an applicant has been certified as the professional
116golf hall of fame pursuant to s. 288.1168 and is open to the
117public, $166,667 shall be distributed monthly, for up to 300
118months, to the applicant.
119     d.  Beginning 30 days after notice by the Office of
120Tourism, Trade, and Economic Development to the Department of
121Revenue that the applicant has been certified as the
122International Game Fish Association World Center facility
123pursuant to s. 288.1169, and the facility is open to the public,
124$83,333 shall be distributed monthly, for up to 168 months, to
125the applicant. This distribution is subject to reduction
126pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
127made, after certification and before July 1, 2000.
128     8.  All other proceeds shall remain with the General
129Revenue Fund.
130     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.