| 1 | A bill to be entitled | 
| 2 | An act relating to distribution of tax proceeds; amending | 
| 3 | s. 212.20, F.S.; deleting provisions providing for monthly | 
| 4 | distributions of certain tax proceeds to certain certified | 
| 5 | sports facilities; amending s. 288.1169, F.S., to conform; | 
| 6 | amending s. 409.904, F.S.; revising an income criterion | 
| 7 | for optional payments for eligible persons; amending s. | 
| 8 | 409.906, F.S.; deleting a repeal of a provision for | 
| 9 | optional Medicaid adult dental services; deleting | 
| 10 | limitations on optional Medicaid hearing and visual | 
| 11 | services for children only; providing for distribution of | 
| 12 | certain revenues to the Agency for Health Care | 
| 13 | Administration for certain purposes; providing an | 
| 14 | effective date. | 
| 15 | 
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| 16 | Be It Enacted by the Legislature of the State of Florida: | 
| 17 | 
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| 18 | Section 1.  Paragraph (d) of subsection (6) of section | 
| 19 | 212.20, Florida Statutes, is amended to read: | 
| 20 | 212.20  Funds collected, disposition; additional powers of | 
| 21 | department; operational expense; refund of taxes adjudicated | 
| 22 | unconstitutionally collected.-- | 
| 23 | (6)  Distribution of all proceeds under this chapter and s. | 
| 24 | 202.18(1)(b) and (2)(b) shall be as follows: | 
| 25 | (d)  The proceeds of all other taxes and fees imposed | 
| 26 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) | 
| 27 | and (2)(b) shall be distributed as follows: | 
| 28 | 1.  In any fiscal year, the greater of $500 million, minus | 
| 29 | an amount equal to 4.6 percent of the proceeds of the taxes | 
| 30 | collected pursuant to chapter 201, or 5 percent of all other | 
| 31 | taxes and fees imposed pursuant to this chapter or remitted | 
| 32 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in | 
| 33 | monthly installments into the General Revenue Fund. | 
| 34 | 2.  Two-tenths of one percent shall be transferred to the | 
| 35 | Ecosystem Management and Restoration Trust Fund to be used for | 
| 36 | water quality improvement and water restoration projects. | 
| 37 | 3.  After the distribution under subparagraphs 1. and 2., | 
| 38 | 8.814 percent of the amount remitted by a sales tax dealer | 
| 39 | located within a participating county pursuant to s. 218.61 | 
| 40 | shall be transferred into the Local Government Half-cent Sales | 
| 41 | Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to | 
| 42 | be transferred pursuant to this subparagraph to the Local | 
| 43 | Government Half-cent Sales Tax Clearing Trust Fund shall be | 
| 44 | reduced by 0.1 percent, and the department shall distribute this | 
| 45 | amount to the Public Employees Relations Commission Trust Fund | 
| 46 | less $5,000 each month, which shall be added to the amount | 
| 47 | calculated in subparagraph 4. and distributed accordingly. | 
| 48 | 4.  After the distribution under subparagraphs 1., 2., and | 
| 49 | 3., 0.095 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.  After the distributions under subparagraphs 1., 2., 3., | 
| 53 | and 4., 2.0440 percent of the available proceeds pursuant to | 
| 54 | this paragraph shall be transferred monthly to the Revenue | 
| 55 | Sharing Trust Fund for Counties pursuant to s. 218.215. | 
| 56 | 6.  After the distributions under subparagraphs 1., 2., 3., | 
| 57 | and 4., 1.3409 percent of the available proceeds pursuant to | 
| 58 | this paragraph shall be transferred monthly to the Revenue | 
| 59 | Sharing Trust Fund for Municipalities pursuant to s. 218.215. If | 
| 60 | the total revenue to be distributed pursuant to this | 
| 61 | subparagraph is at least as great as the amount due from the | 
| 62 | Revenue Sharing Trust Fund for Municipalities and the former | 
| 63 | Municipal Financial Assistance Trust Fund in state fiscal year | 
| 64 | 1999-2000, no municipality shall receive less than the amount | 
| 65 | due from the Revenue Sharing Trust Fund for Municipalities and | 
| 66 | the former Municipal Financial Assistance Trust Fund in state | 
| 67 | fiscal year 1999-2000. If the total proceeds to be distributed | 
| 68 | are less than the amount received in combination from the | 
| 69 | Revenue Sharing Trust Fund for Municipalities and the former | 
| 70 | Municipal Financial Assistance Trust Fund in state fiscal year | 
| 71 | 1999-2000, each municipality shall receive an amount | 
| 72 | proportionate to the amount it was due in state fiscal year | 
| 73 | 1999-2000. | 
| 74 | 7.  Of the remaining proceeds, : | 
| 75 | a.in each fiscal year, the sum of $29,915,500 shall be | 
| 76 | divided into as many equal parts as there are counties in the | 
| 77 | state, and one part shall be distributed to each county. The | 
| 78 | distribution among the several counties shall begin each fiscal | 
| 79 | year on or before January 5th and shall continue monthly for a | 
| 80 | total of 4 months. If a local or special law required that any | 
| 81 | moneys accruing to a county in fiscal year 1999-2000 under the | 
| 82 | then-existing provisions of s. 550.135 be paid directly to the | 
| 83 | district school board, special district, or a municipal | 
| 84 | government, such payment shall continue until such time that the | 
| 85 | local or special law is amended or repealed. The state covenants | 
| 86 | with holders of bonds or other instruments of indebtedness | 
| 87 | issued by local governments, special districts, or district | 
| 88 | school boards prior to July 1, 2000, that it is not the intent | 
| 89 | of this subparagraph to adversely affect the rights of those | 
| 90 | holders or relieve local governments, special districts, or | 
| 91 | district school boards of the duty to meet their obligations as | 
| 92 | a result of previous pledges or assignments or trusts entered | 
| 93 | into which obligated funds received from the distribution to | 
| 94 | county governments under then-existing s. 550.135. This | 
| 95 | distribution specifically is in lieu of funds distributed under | 
| 96 | s. 550.135 prior to July 1, 2000. | 
| 97 | b.  The department shall distribute $166,667 monthly | 
| 98 | pursuant to s. 288.1162 to each applicant that has been | 
| 99 | certified as a "facility for a new professional sports | 
| 100 | franchise" or a "facility for a retained professional sports | 
| 101 | franchise" pursuant to s. 288.1162. Up to $41,667 shall be | 
| 102 | distributed monthly by the department to each applicant that has | 
| 103 | been certified as a "facility for a retained spring training | 
| 104 | franchise" pursuant to s. 288.1162; however, not more than | 
| 105 | $208,335 may be distributed monthly in the aggregate to all | 
| 106 | certified facilities for a retained spring training franchise. | 
| 107 | Distributions shall begin 60 days following such certification | 
| 108 | and shall continue for not more than 30 years. Nothing contained | 
| 109 | in this paragraph shall be construed to allow an applicant | 
| 110 | certified pursuant to s. 288.1162 to receive more in | 
| 111 | distributions than actually expended by the applicant for the | 
| 112 | public purposes provided for in s. 288.1162(6). However, a | 
| 113 | certified applicant is entitled to receive distributions up to | 
| 114 | the maximum amount allowable and undistributed under this | 
| 115 | section for additional renovations and improvements to the | 
| 116 | facility for the franchise without additional certification. | 
| 117 | c.  Beginning 30 days after notice by the Office of | 
| 118 | Tourism, Trade, and Economic Development to the Department of | 
| 119 | Revenue that an applicant has been certified as the professional | 
| 120 | golf hall of fame pursuant to s. 288.1168 and is open to the | 
| 121 | public, $166,667 shall be distributed monthly, for up to 300 | 
| 122 | months, to the applicant. | 
| 123 | d.  Beginning 30 days after notice by the Office of | 
| 124 | Tourism, Trade, and Economic Development to the Department of | 
| 125 | Revenue that the applicant has been certified as the | 
| 126 | International Game Fish Association World Center facility | 
| 127 | pursuant to s. 288.1169, and the facility is open to the public, | 
| 128 | $83,333 shall be distributed monthly, for up to 168 months, to | 
| 129 | the applicant. This distribution is subject to reduction | 
| 130 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall be | 
| 131 | made, after certification and before July 1, 2000. | 
| 132 | 8.  All other proceeds shall remain with the General | 
| 133 | Revenue Fund. | 
| 134 | Section 2.  Subsection (6) of section 288.1169, Florida | 
| 135 | Statutes, is amended to read: | 
| 136 | 288.1169  International Game Fish Association World Center | 
| 137 | facility.-- | 
| 138 | (6)  The Department of Commerce must recertify every 10 | 
| 139 | years that the facility is open, that the International Game | 
| 140 | Fish Association World Center continues to be the only | 
| 141 | international administrative headquarters, fishing museum, and | 
| 142 | Hall of Fame in the United States recognized by the | 
| 143 | International Game Fish Association, and that the project is | 
| 144 | meeting the minimum projections for attendance or sales tax | 
| 145 | revenues as required at the time of original certification. If | 
| 146 | the facility is not recertified during this 10-year review as | 
| 147 | meeting the minimum projections, then funding will be abated | 
| 148 | until certification criteria are met. If the project fails to | 
| 149 | generate $1 million of annual revenues pursuant to paragraph | 
| 150 | (2)(e), the distribution of revenues pursuant to s. | 
| 151 | 212.20(6)(d)7.d. shall be reduced to an amount equal to $83,333 | 
| 152 | multiplied by a fraction, the numerator of which is the actual | 
| 153 | revenues generated and the denominator of which is $1 million. | 
| 154 | Such reduction shall remain in effect until revenues generated | 
| 155 | by the project in a 12-month period equal or exceed $1 million. | 
| 156 | Section 3.  Subsection (1) of section 409.904, Florida | 
| 157 | Statutes, is amended to read: | 
| 158 | 409.904  Optional payments for eligible persons.--The | 
| 159 | agency may make payments for medical assistance and related | 
| 160 | services on behalf of the following persons who are determined | 
| 161 | to be eligible subject to the income, assets, and categorical | 
| 162 | eligibility tests set forth in federal and state law. Payment on | 
| 163 | behalf of these Medicaid eligible persons is subject to the | 
| 164 | availability of moneys and any limitations established by the | 
| 165 | General Appropriations Act or chapter 216. | 
| 166 | (1)  A person who is age 65 or older or is determined to be | 
| 167 | disabled, whose income is at 100 or below 88percent of federal | 
| 168 | poverty level, and whose assets do not exceed established | 
| 169 | limitations. | 
| 170 | Section 4.  Paragraph (b) of subsection (1) and subsections | 
| 171 | (12) and (23) of section 409.906, Florida Statutes, are amended | 
| 172 | to read: | 
| 173 | 409.906  Optional Medicaid services.--Subject to specific | 
| 174 | appropriations, the agency may make payments for services which | 
| 175 | are optional to the state under Title XIX of the Social Security | 
| 176 | Act and are furnished by Medicaid providers to recipients who | 
| 177 | are determined to be eligible on the dates on which the services | 
| 178 | were provided. Any optional service that is provided shall be | 
| 179 | provided only when medically necessary and in accordance with | 
| 180 | state and federal law. Optional services rendered by providers | 
| 181 | in mobile units to Medicaid recipients may be restricted or | 
| 182 | prohibited by the agency. Nothing in this section shall be | 
| 183 | construed to prevent or limit the agency from adjusting fees, | 
| 184 | reimbursement rates, lengths of stay, number of visits, or | 
| 185 | number of services, or making any other adjustments necessary to | 
| 186 | comply with the availability of moneys and any limitations or | 
| 187 | directions provided for in the General Appropriations Act or | 
| 188 | chapter 216. If necessary to safeguard the state's systems of | 
| 189 | providing services to elderly and disabled persons and subject | 
| 190 | to the notice and review provisions of s. 216.177, the Governor | 
| 191 | may direct the Agency for Health Care Administration to amend | 
| 192 | the Medicaid state plan to delete the optional Medicaid service | 
| 193 | known as "Intermediate Care Facilities for the Developmentally | 
| 194 | Disabled." Optional services may include: | 
| 195 | (1)  ADULT DENTAL SERVICES.-- | 
| 196 | (b)  Beginning January 1, 2005, the agency may pay for | 
| 197 | dentures, the procedures required to seat dentures, and the | 
| 198 | repair and reline of dentures, provided by or under the | 
| 199 | direction of a licensed dentist, for a recipient who is 21 years | 
| 200 | of age or older. This paragraph is repealed effective July 1, | 
| 201 | 2005. | 
| 202 | (12) CHILDREN'SHEARING SERVICES.--The agency may pay for | 
| 203 | hearing and related services, including hearing evaluations, | 
| 204 | hearing aid devices, dispensing of the hearing aid, and related | 
| 205 | repairs, if provided to a recipient younger than 21 years of age | 
| 206 | by a licensed hearing aid specialist, otolaryngologist, | 
| 207 | otologist, audiologist, or physician. | 
| 208 | (23) CHILDREN'SVISUAL SERVICES.--The agency may pay for | 
| 209 | visual examinations, eyeglasses, and eyeglass repairs for a | 
| 210 | recipient younger than 21 years of age, if they are prescribed | 
| 211 | by a licensed physician specializing in diseases of the eye or | 
| 212 | by a licensed optometrist. | 
| 213 | Section 5.  Revenues which would otherwise be distributed | 
| 214 | as provided by s. 212.20(6)(d)7.b., c., and d., Florida | 
| 215 | Statutes, but for the amendment to s. 212.20(6)(d), Florida | 
| 216 | Statutes, made by this act shall be distributed to the Agency | 
| 217 | for Health Care Administration for purposes of providing funding | 
| 218 | for the optional Medicaid services provided by s. 409.906, | 
| 219 | Florida Statutes, for visual, hearing, and dental assistance for | 
| 220 | adults who meet the eligibility criteria provided in s. | 
| 221 | 409.904(1), Florida Statutes. | 
| 222 | Section 6.  This act shall take effect July 1, 2005. |