| 1 | A bill to be entitled |
| 2 | An act relating to fiscally constrained counties; amending |
| 3 | s. 212.20, F.S.; providing for a distribution of tax |
| 4 | revenue to fiscally constrained counties; creating s. |
| 5 | 218.67, F.S.; providing eligibility criteria to qualify as |
| 6 | a fiscally constrained county; providing for the |
| 7 | distribution of additional funds to certain fiscally |
| 8 | constrained counties; providing a methodology for |
| 9 | calculating the distribution of funds to eligible |
| 10 | counties; providing for a phase-out period; providing for |
| 11 | the use of funds; amending s. 985.2155, F.S.; revising the |
| 12 | definition of the term "fiscally constrained county"; |
| 13 | amending s. 288.1169, F.S.; correcting a cross reference; |
| 14 | providing an 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 of the available proceeds shall be transferred |
| 50 | to the Local Government Half-cent Sales Tax Clearing Trust Fund |
| 51 | and distributed pursuant 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. After the distributions under subparagraphs 1., 2., 3., |
| 75 | and 4., 0.0841 percent of the available proceeds shall be |
| 76 | transferred to the Local Government Half-cent Sales Tax Clearing |
| 77 | Trust Fund and distributed pursuant to s. 218.67. |
| 78 | 8.7. 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 | 9.8. All other proceeds shall remain with the General |
| 137 | Revenue Fund. |
| 138 | Section 2. Section 218.67, Florida Statutes, is created to |
| 139 | read: |
| 140 | 218.67 Distribution for fiscally constrained counties.-- |
| 141 | (1) Each county for which the value of a mill will raise |
| 142 | no more than $4 million in revenue, based on the property |
| 143 | valuations and tax data annually published by the Department of |
| 144 | Revenue under s. 195.052, shall be considered a fiscally |
| 145 | constrained county. |
| 146 | (2) Each fiscally constrained county government that |
| 147 | participates in the local government half-cent sales tax shall |
| 148 | be eligible to receive an additional distribution from the Local |
| 149 | Government Half-cent Sales Tax Clearing Trust Fund, as provided |
| 150 | in s. 212.20, in addition to its regular monthly distribution |
| 151 | provided under this part and any emergency or supplemental |
| 152 | distribution under s. 218.65. |
| 153 | (3) The amount to be distributed to each fiscally |
| 154 | constrained county shall be determined by the Department of |
| 155 | Revenue at the beginning of the fiscal year, using the prior |
| 156 | fiscal year property valuations, tax data, and population |
| 157 | estimates and the latest available millage rate. The amount |
| 158 | distributed shall be allocated based upon the following factors: |
| 159 | (a) The relative revenue-raising-capacity factor shall be |
| 160 | the ability of the eligible county to generate ad valorem |
| 161 | revenues from one mill of taxation on a per capita basis. A |
| 162 | county that raises no more than $25 per capita from one mill |
| 163 | shall be assigned a value of 1; a county that raises more than |
| 164 | $25 but no more than $30 per capita from one mill shall be |
| 165 | assigned a value of 0.75; and a county that raises more than $30 |
| 166 | but no more than $50 per capita from one mill shall be assigned |
| 167 | a value of 0.5. No value shall be assigned to counties that |
| 168 | raise more than $50 per capita from one mill of ad valorem |
| 169 | taxation. |
| 170 | (b) The local-effort factor shall be a measure of the |
| 171 | relative level of local effort of the eligible county as |
| 172 | indicated by the latest available millage rate. The local-effort |
| 173 | factor shall be the most recently adopted countywide operating |
| 174 | millage rate for each eligible county multiplied by 0.1. |
| 175 | (c) Each eligible county's proportional allocation of the |
| 176 | total amount available to be distributed to all of the eligible |
| 177 | counties shall be in the same proportion as the sum of the |
| 178 | county's two factors is to the sum of the two factors for all |
| 179 | eligible counties. The counties that are eligible to receive an |
| 180 | allocation under this subsection and the amount available to be |
| 181 | distributed to such counties shall not include counties |
| 182 | participating in the phase-out period under subsection (4) nor |
| 183 | the amounts they remain eligible to receive during the phase- |
| 184 | out. |
| 185 | (4) For those counties that no longer qualify under the |
| 186 | requirements of subsection (1) after the effective date of this |
| 187 | act, there shall be a 2-year phase-out period. Beginning on July |
| 188 | 1 of the year following the year in which the value of a mill |
| 189 | for that county exceeds $4 million in revenue, the county shall |
| 190 | receive two-thirds of the amount received in the prior year, and |
| 191 | beginning on July 1 of the second year following the year in |
| 192 | which the value of a mill for that county exceeds $4 million in |
| 193 | revenue, the county shall receive one-third of the amount |
| 194 | received in the last year that the county qualified as a |
| 195 | fiscally constrained county. Following the 2-year phase-out |
| 196 | period, the county shall no longer be eligible to receive any |
| 197 | distributions under this section unless the county can be |
| 198 | considered a fiscally constrained county as provided in |
| 199 | subsection (1). |
| 200 | (5) The revenues received under this section may be used |
| 201 | by a county for any public purpose, except that such revenues |
| 202 | may not be used to pay debt service on bonds, notes, |
| 203 | certificates of participation, or any other forms of |
| 204 | indebtedness. |
| 205 | Section 3. Paragraph (b) of subsection (2) of section |
| 206 | 985.2155, Florida Statutes, is amended to read: |
| 207 | 985.2155 Shared county and state responsibility for |
| 208 | juvenile detention.-- |
| 209 | (2) As used in this section, the term: |
| 210 | (b) "Fiscally constrained county" means a county |
| 211 | designated as a rural area of critical economic concern under s. |
| 212 | 288.0656 for which the value of a mill in the county is no more |
| 213 | than $4 $3 million, based on the property valuations and tax |
| 214 | data annually published by the Department of Revenue under s. |
| 215 | 195.052. |
| 216 | Section 4. Subsection (6) of section 288.1169, Florida |
| 217 | Statutes, is amended to read: |
| 218 | 288.1169 International Game Fish Association World Center |
| 219 | facility.-- |
| 220 | (6) The Department of Commerce must recertify every 10 |
| 221 | years that the facility is open, that the International Game |
| 222 | Fish Association World Center continues to be the only |
| 223 | international administrative headquarters, fishing museum, and |
| 224 | Hall of Fame in the United States recognized by the |
| 225 | International Game Fish Association, and that the project is |
| 226 | meeting the minimum projections for attendance or sales tax |
| 227 | revenues as required at the time of original certification. If |
| 228 | the facility is not recertified during this 10-year review as |
| 229 | meeting the minimum projections, then funding will be abated |
| 230 | until certification criteria are met. If the project fails to |
| 231 | generate $1 million of annual revenues pursuant to paragraph |
| 232 | (2)(e), the distribution of revenues pursuant to s. |
| 233 | 212.20(6)(d)8.d. 212.20(6)(d)7.d. shall be reduced to an amount |
| 234 | equal to $83,333 multiplied by a fraction, the numerator of |
| 235 | which is the actual revenues generated and the denominator of |
| 236 | which is $1 million. Such reduction shall remain in effect until |
| 237 | revenues generated by the project in a 12-month period equal or |
| 238 | exceed $1 million. |
| 239 | Section 5. This act shall take effect July 1, 2005. |