HB 1249

1
A bill to be entitled
2An act relating to distribution of tax proceeds; amending
3s. 212.20, F.S.; deleting provisions providing for monthly
4distributions of certain tax proceeds to certain certified
5sports facilities; amending s. 288.1169, F.S., to conform;
6amending s. 409.904, F.S.; revising an income criterion
7for optional payments for eligible persons; amending s.
8409.906, F.S.; deleting a repeal of a provision for
9optional Medicaid adult dental services; deleting
10limitations on optional Medicaid hearing and visual
11services for children only; providing for distribution of
12certain revenues to the Agency for Health Care
13Administration for certain purposes; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Paragraph (d) of subsection (6) of section
19212.20, Florida Statutes, is amended to read:
20     212.20  Funds collected, disposition; additional powers of
21department; operational expense; refund of taxes adjudicated
22unconstitutionally collected.--
23     (6)  Distribution of all proceeds under this chapter and s.
24202.18(1)(b) and (2)(b) shall be as follows:
25     (d)  The proceeds of all other taxes and fees imposed
26pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
27and (2)(b) shall be distributed as follows:
28     1.  In any fiscal year, the greater of $500 million, minus
29an amount equal to 4.6 percent of the proceeds of the taxes
30collected pursuant to chapter 201, or 5 percent of all other
31taxes and fees imposed pursuant to this chapter or remitted
32pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
33monthly installments into the General Revenue Fund.
34     2.  Two-tenths of one percent shall be transferred to the
35Ecosystem Management and Restoration Trust Fund to be used for
36water quality improvement and water restoration projects.
37     3.  After the distribution under subparagraphs 1. and 2.,
388.814 percent of the amount remitted by a sales tax dealer
39located within a participating county pursuant to s. 218.61
40shall be transferred into the Local Government Half-cent Sales
41Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
42be transferred pursuant to this subparagraph to the Local
43Government Half-cent Sales Tax Clearing Trust Fund shall be
44reduced by 0.1 percent, and the department shall distribute this
45amount to the Public Employees Relations Commission Trust Fund
46less $5,000 each month, which shall be added to the amount
47calculated in subparagraph 4. and distributed accordingly.
48     4.  After the distribution under subparagraphs 1., 2., and
493., 0.095 percent shall be transferred to the Local Government
50Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
51to s. 218.65.
52     5.  After the distributions under subparagraphs 1., 2., 3.,
53and 4., 2.0440 percent of the available proceeds pursuant to
54this paragraph shall be transferred monthly to the Revenue
55Sharing Trust Fund for Counties pursuant to s. 218.215.
56     6.  After the distributions under subparagraphs 1., 2., 3.,
57and 4., 1.3409 percent of the available proceeds pursuant to
58this paragraph shall be transferred monthly to the Revenue
59Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
60the total revenue to be distributed pursuant to this
61subparagraph is at least as great as the amount due from the
62Revenue Sharing Trust Fund for Municipalities and the former
63Municipal Financial Assistance Trust Fund in state fiscal year
641999-2000, no municipality shall receive less than the amount
65due from the Revenue Sharing Trust Fund for Municipalities and
66the former Municipal Financial Assistance Trust Fund in state
67fiscal year 1999-2000. If the total proceeds to be distributed
68are less than the amount received in combination from the
69Revenue Sharing Trust Fund for Municipalities and the former
70Municipal Financial Assistance Trust Fund in state fiscal year
711999-2000, each municipality shall receive an amount
72proportionate to the amount it was due in state fiscal year
731999-2000.
74     7.  Of the remaining proceeds,:
75     a.  in each fiscal year, the sum of $29,915,500 shall be
76divided into as many equal parts as there are counties in the
77state, and one part shall be distributed to each county. The
78distribution among the several counties shall begin each fiscal
79year on or before January 5th and shall continue monthly for a
80total of 4 months. If a local or special law required that any
81moneys accruing to a county in fiscal year 1999-2000 under the
82then-existing provisions of s. 550.135 be paid directly to the
83district school board, special district, or a municipal
84government, such payment shall continue until such time that the
85local or special law is amended or repealed. The state covenants
86with holders of bonds or other instruments of indebtedness
87issued by local governments, special districts, or district
88school boards prior to July 1, 2000, that it is not the intent
89of this subparagraph to adversely affect the rights of those
90holders or relieve local governments, special districts, or
91district school boards of the duty to meet their obligations as
92a result of previous pledges or assignments or trusts entered
93into which obligated funds received from the distribution to
94county governments under then-existing s. 550.135. This
95distribution specifically is in lieu of funds distributed under
96s. 550.135 prior to July 1, 2000.
97     b.  The department shall distribute $166,667 monthly
98pursuant to s. 288.1162 to each applicant that has been
99certified as a "facility for a new professional sports
100franchise" or a "facility for a retained professional sports
101franchise" pursuant to s. 288.1162. Up to $41,667 shall be
102distributed monthly by the department to each applicant that has
103been certified as a "facility for a retained spring training
104franchise" pursuant to s. 288.1162; however, not more than
105$208,335 may be distributed monthly in the aggregate to all
106certified facilities for a retained spring training franchise.
107Distributions shall begin 60 days following such certification
108and shall continue for not more than 30 years. Nothing contained
109in this paragraph shall be construed to allow an applicant
110certified pursuant to s. 288.1162 to receive more in
111distributions than actually expended by the applicant for the
112public purposes provided for in s. 288.1162(6). However, a
113certified applicant is entitled to receive distributions up to
114the maximum amount allowable and undistributed under this
115section for additional renovations and improvements to the
116facility for the franchise without additional certification.
117     c.  Beginning 30 days after notice by the Office of
118Tourism, Trade, and Economic Development to the Department of
119Revenue that an applicant has been certified as the professional
120golf hall of fame pursuant to s. 288.1168 and is open to the
121public, $166,667 shall be distributed monthly, for up to 300
122months, to the applicant.
123     d.  Beginning 30 days after notice by the Office of
124Tourism, Trade, and Economic Development to the Department of
125Revenue that the applicant has been certified as the
126International Game Fish Association World Center facility
127pursuant 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
129the applicant. This distribution is subject to reduction
130pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
131made, after certification and before July 1, 2000.
132     8.  All other proceeds shall remain with the General
133Revenue Fund.
134     Section 2.  Subsection (6) of section 288.1169, Florida
135Statutes, is amended to read:
136     288.1169  International Game Fish Association World Center
137facility.--
138     (6)  The Department of Commerce must recertify every 10
139years that the facility is open, that the International Game
140Fish Association World Center continues to be the only
141international administrative headquarters, fishing museum, and
142Hall of Fame in the United States recognized by the
143International Game Fish Association, and that the project is
144meeting the minimum projections for attendance or sales tax
145revenues as required at the time of original certification. If
146the facility is not recertified during this 10-year review as
147meeting the minimum projections, then funding will be abated
148until certification criteria are met. If the project fails to
149generate $1 million of annual revenues pursuant to paragraph
150(2)(e), the distribution of revenues pursuant to s.
151212.20(6)(d)7.d. shall be reduced to an amount equal to $83,333
152multiplied by a fraction, the numerator of which is the actual
153revenues generated and the denominator of which is $1 million.
154Such reduction shall remain in effect until revenues generated
155by the project in a 12-month period equal or exceed $1 million.
156     Section 3.  Subsection (1) of section 409.904, Florida
157Statutes, is amended to read:
158     409.904  Optional payments for eligible persons.--The
159agency may make payments for medical assistance and related
160services on behalf of the following persons who are determined
161to be eligible subject to the income, assets, and categorical
162eligibility tests set forth in federal and state law. Payment on
163behalf of these Medicaid eligible persons is subject to the
164availability of moneys and any limitations established by the
165General Appropriations Act or chapter 216.
166     (1)  A person who is age 65 or older or is determined to be
167disabled, whose income is at 100 or below 88 percent of federal
168poverty level, and whose assets do not exceed established
169limitations.
170     Section 4.  Paragraph (b) of subsection (1) and subsections
171(12) and (23) of section 409.906, Florida Statutes, are amended
172to read:
173     409.906  Optional Medicaid services.--Subject to specific
174appropriations, the agency may make payments for services which
175are optional to the state under Title XIX of the Social Security
176Act and are furnished by Medicaid providers to recipients who
177are determined to be eligible on the dates on which the services
178were provided. Any optional service that is provided shall be
179provided only when medically necessary and in accordance with
180state and federal law. Optional services rendered by providers
181in mobile units to Medicaid recipients may be restricted or
182prohibited by the agency. Nothing in this section shall be
183construed to prevent or limit the agency from adjusting fees,
184reimbursement rates, lengths of stay, number of visits, or
185number of services, or making any other adjustments necessary to
186comply with the availability of moneys and any limitations or
187directions provided for in the General Appropriations Act or
188chapter 216. If necessary to safeguard the state's systems of
189providing services to elderly and disabled persons and subject
190to the notice and review provisions of s. 216.177, the Governor
191may direct the Agency for Health Care Administration to amend
192the Medicaid state plan to delete the optional Medicaid service
193known as "Intermediate Care Facilities for the Developmentally
194Disabled." Optional services may include:
195     (1)  ADULT DENTAL SERVICES.--
196     (b)  Beginning January 1, 2005, the agency may pay for
197dentures, the procedures required to seat dentures, and the
198repair and reline of dentures, provided by or under the
199direction of a licensed dentist, for a recipient who is 21 years
200of age or older. This paragraph is repealed effective July 1,
2012005.
202     (12)  CHILDREN'S HEARING SERVICES.--The agency may pay for
203hearing and related services, including hearing evaluations,
204hearing aid devices, dispensing of the hearing aid, and related
205repairs, if provided to a recipient younger than 21 years of age
206by a licensed hearing aid specialist, otolaryngologist,
207otologist, audiologist, or physician.
208     (23)  CHILDREN'S VISUAL SERVICES.--The agency may pay for
209visual examinations, eyeglasses, and eyeglass repairs for a
210recipient younger than 21 years of age, if they are prescribed
211by a licensed physician specializing in diseases of the eye or
212by a licensed optometrist.
213     Section 5.  Revenues which would otherwise be distributed
214as provided by s. 212.20(6)(d)7.b., c., and d., Florida
215Statutes, but for the amendment to s. 212.20(6)(d), Florida
216Statutes, made by this act shall be distributed to the Agency
217for Health Care Administration for purposes of providing funding
218for the optional Medicaid services provided by s. 409.906,
219Florida Statutes, for visual, hearing, and dental assistance for
220adults who meet the eligibility criteria provided in s.
221409.904(1), Florida Statutes.
222     Section 6.  This act shall take effect July 1, 2005.


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