Senate Bill sb2132

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    Florida Senate - 2005                                  SB 2132

    By Senator Baker





    20-1162A-05                                        See HB 1257

  1                      A bill to be entitled

  2         An act relating to fiscally constrained

  3         counties; amending s. 212.20, F.S.; providing

  4         for a distribution of tax revenue to fiscally

  5         constrained counties; creating s. 218.67, F.S.;

  6         providing eligibility criteria to qualify as a

  7         fiscally constrained county; providing for the

  8         distribution of additional funds to certain

  9         fiscally constrained counties; providing a

10         methodology for calculating the distribution of

11         funds to eligible counties; providing for a

12         phase-out period; providing for the use of

13         funds; amending s. 985.2155, F.S.; revising the

14         definition of the term "fiscally constrained

15         county"; amending s. 288.1169, F.S.; correcting

16         a cross reference; providing an effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Paragraph (d) of subsection (6) of section

21  212.20, Florida Statutes, is amended to read:

22         212.20  Funds collected, disposition; additional powers

23  of department; operational expense; refund of taxes

24  adjudicated unconstitutionally collected.--

25         (6)  Distribution of all proceeds under this chapter

26  and s. 202.18(1)(b) and (2)(b) shall be as follows:

27         (d)  The proceeds of all other taxes and fees imposed

28  pursuant to this chapter or remitted pursuant to s.

29  202.18(1)(b) and (2)(b) shall be distributed as follows:

30         1.  In any fiscal year, the greater of $500 million,

31  minus an amount equal to 4.6 percent of the proceeds of the

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    Florida Senate - 2005                                  SB 2132
    20-1162A-05                                        See HB 1257




 1  taxes collected pursuant to chapter 201, or 5 percent of all

 2  other taxes and fees imposed pursuant to this chapter or

 3  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

 4  deposited in monthly installments into the General Revenue

 5  Fund.

 6         2.  Two-tenths of one percent shall be transferred to

 7  the Ecosystem Management and Restoration Trust Fund to be used

 8  for water quality improvement and water restoration projects.

 9         3.  After the distribution under subparagraphs 1. and

10  2., 8.814 percent of the amount remitted by a sales tax dealer

11  located within a participating county pursuant to s. 218.61

12  shall be transferred into the Local Government Half-cent Sales

13  Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to

14  be transferred pursuant to this subparagraph to the Local

15  Government Half-cent Sales Tax Clearing Trust Fund shall be

16  reduced by 0.1 percent, and the department shall distribute

17  this amount to the Public Employees Relations Commission Trust

18  Fund less $5,000 each month, which shall be added to the

19  amount calculated in subparagraph 4. and distributed

20  accordingly.

21         4.  After the distribution under subparagraphs 1., 2.,

22  and 3., 0.095 percent of the available proceeds shall be

23  transferred to the Local Government Half-cent Sales Tax

24  Clearing Trust Fund and distributed pursuant to s. 218.65.

25         5.  After the distributions under subparagraphs 1., 2.,

26  3., and 4., 2.0440 percent of the available proceeds pursuant

27  to this paragraph shall be transferred monthly to the Revenue

28  Sharing Trust Fund for Counties pursuant to s. 218.215.

29         6.  After the distributions under subparagraphs 1., 2.,

30  3., and 4., 1.3409 percent of the available proceeds pursuant

31  to this paragraph shall be transferred monthly to the Revenue

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    Florida Senate - 2005                                  SB 2132
    20-1162A-05                                        See HB 1257




 1  Sharing Trust Fund for Municipalities pursuant to s. 218.215.

 2  If the total revenue to be distributed pursuant to this

 3  subparagraph is at least as great as the amount due from the

 4  Revenue Sharing Trust Fund for Municipalities and the former

 5  Municipal Financial Assistance Trust Fund in state fiscal year

 6  1999-2000, no municipality shall receive less than the amount

 7  due from the Revenue Sharing Trust Fund for Municipalities and

 8  the former Municipal Financial Assistance Trust Fund in state

 9  fiscal year 1999-2000. If the total proceeds to be distributed

10  are less than the amount received in combination from the

11  Revenue Sharing Trust Fund for Municipalities and the former

12  Municipal Financial Assistance Trust Fund in state fiscal year

13  1999-2000, each municipality shall receive an amount

14  proportionate to the amount it was due in state fiscal year

15  1999-2000.

16         7.  After the distributions under subparagraphs 1., 2.,

17  3., and 4., 0.0841 percent of the available proceeds shall be

18  transferred to the Local Government Half-cent Sales Tax

19  Clearing Trust Fund and distributed pursuant to s. 218.67.

20         8.7.  Of the remaining proceeds:

21         a.  In each fiscal year, the sum of $29,915,500 shall

22  be divided into as many equal parts as there are counties in

23  the state, and one part shall be distributed to each county.

24  The distribution among the several counties shall begin each

25  fiscal year on or before January 5th and shall continue

26  monthly for a total of 4 months. If a local or special law

27  required that any moneys accruing to a county in fiscal year

28  1999-2000 under the then-existing provisions of s. 550.135 be

29  paid directly to the district school board, special district,

30  or a municipal government, such payment shall continue until

31  such time that the local or special law is amended or

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    Florida Senate - 2005                                  SB 2132
    20-1162A-05                                        See HB 1257




 1  repealed. The state covenants with holders of bonds or other

 2  instruments of indebtedness issued by local governments,

 3  special districts, or district school boards prior to July 1,

 4  2000, that it is not the intent of this subparagraph to

 5  adversely affect the rights of those holders or relieve local

 6  governments, special districts, or district school boards of

 7  the duty to meet their obligations as a result of previous

 8  pledges or assignments or trusts entered into which obligated

 9  funds received from the distribution to county governments

10  under then-existing s. 550.135. This distribution specifically

11  is in lieu of funds distributed under s. 550.135 prior to July

12  1, 2000.

13         b.  The department shall distribute $166,667 monthly

14  pursuant to s. 288.1162 to each applicant that has been

15  certified as a "facility for a new professional sports

16  franchise" or a "facility for a retained professional sports

17  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

18  distributed monthly by the department to each applicant that

19  has been certified as a "facility for a retained spring

20  training franchise" pursuant to s. 288.1162; however, not more

21  than $208,335 may be distributed monthly in the aggregate to

22  all certified facilities for a retained spring training

23  franchise. Distributions shall begin 60 days following such

24  certification and shall continue for not more than 30 years.

25  Nothing contained in this paragraph shall be construed to

26  allow an applicant certified pursuant to s. 288.1162 to

27  receive more in distributions than actually expended by the

28  applicant for the public purposes provided for in s.

29  288.1162(6). However, a certified applicant is entitled to

30  receive distributions up to the maximum amount allowable and

31  undistributed under this section for additional renovations

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    Florida Senate - 2005                                  SB 2132
    20-1162A-05                                        See HB 1257




 1  and improvements to the facility for the franchise without

 2  additional certification.

 3         c.  Beginning 30 days after notice by the Office of

 4  Tourism, Trade, and Economic Development to the Department of

 5  Revenue that an applicant has been certified as the

 6  professional golf hall of fame pursuant to s. 288.1168 and is

 7  open to the public, $166,667 shall be distributed monthly, for

 8  up to 300 months, to the applicant.

 9         d.  Beginning 30 days after notice by the Office of

10  Tourism, Trade, and Economic Development to the Department of

11  Revenue that the applicant has been certified as the

12  International Game Fish Association World Center facility

13  pursuant to s. 288.1169, and the facility is open to the

14  public, $83,333 shall be distributed monthly, for up to 168

15  months, to the applicant. This distribution is subject to

16  reduction pursuant to s. 288.1169. A lump sum payment of

17  $999,996 shall be made, after certification and before July 1,

18  2000.

19         9.8.  All other proceeds shall remain with the General

20  Revenue Fund.

21         Section 2.  Section 218.67, Florida Statutes, is

22  created to read:

23         218.67  Distribution for fiscally constrained

24  counties.--

25         (1)  Each county for which the value of a mill will

26  raise no more than $4 million in revenue, based on the

27  property valuations and tax data annually published by the

28  Department of Revenue under s. 195.052, shall be considered a

29  fiscally constrained county.

30         (2)  Each fiscally constrained county government that

31  participates in the local government half-cent sales tax shall

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    Florida Senate - 2005                                  SB 2132
    20-1162A-05                                        See HB 1257




 1  be eligible to receive an additional distribution from the

 2  Local Government Half-cent Sales Tax Clearing Trust Fund, as

 3  provided in s. 212.20, in addition to its regular monthly

 4  distribution provided under this part and any emergency or

 5  supplemental distribution under s. 218.65.

 6         (3)  The amount to be distributed to each fiscally

 7  constrained county shall be determined by the Department of

 8  Revenue at the beginning of the fiscal year, using the prior

 9  fiscal year property valuations, tax data, and population

10  estimates and the latest available millage rate. The amount

11  distributed shall be allocated based upon the following

12  factors:

13         (a)  The relative revenue-raising-capacity factor shall

14  be the ability of the eligible county to generate ad valorem

15  revenues from one mill of taxation on a per capita basis. A

16  county that raises no more than $25 per capita from one mill

17  shall be assigned a value of 1; a county that raises more than

18  $25 but no more than $30 per capita from one mill shall be

19  assigned a value of 0.75; and a county that raises more than

20  $30 but no more than $50 per capita from one mill shall be

21  assigned a value of 0.5. No value shall be assigned to

22  counties that raise more than $50 per capita from one mill of

23  ad valorem taxation.

24         (b)  The local-effort factor shall be a measure of the

25  relative level of local effort of the eligible county as

26  indicated by the latest available millage rate. The

27  local-effort factor shall be the most recently adopted

28  countywide operating millage rate for each eligible county

29  multiplied by 0.1.

30         (c)  Each eligible county's proportional allocation of

31  the total amount available to be distributed to all of the

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    Florida Senate - 2005                                  SB 2132
    20-1162A-05                                        See HB 1257




 1  eligible counties shall be in the same proportion as the sum

 2  of the county's two factors is to the sum of the two factors

 3  for all eligible counties. The counties that are eligible to

 4  receive an allocation under this subsection and the amount

 5  available to be distributed to such counties shall not include

 6  counties participating in the phase-out period under

 7  subsection (4) nor the amounts they remain eligible to receive

 8  during the phase-out.

 9         (4)  For those counties that no longer qualify under

10  the requirements of subsection (1) after the effective date of

11  this act, there shall be a 2-year phase-out period. Beginning

12  on July 1 of the year following the year in which the value of

13  a mill for that county exceeds $4 million in revenue, the

14  county shall receive two-thirds of the amount received in the

15  prior year, and beginning on July 1 of the second year

16  following the year in which the value of a mill for that

17  county exceeds $4 million in revenue, the county shall receive

18  one-third of the amount received in the last year that the

19  county qualified as a fiscally constrained county. Following

20  the 2-year phase-out period, the county shall no longer be

21  eligible to receive any distributions under this section

22  unless the county can be considered a fiscally constrained

23  county as provided in subsection (1).

24         (5)  The revenues received under this section may be

25  used by a county for any public purpose, except that such

26  revenues may not be used to pay debt service on bonds, notes,

27  certificates of participation, or any other forms of

28  indebtedness.

29         Section 3.  Paragraph (b) of subsection (2) of section

30  985.2155, Florida Statutes, is amended to read:

31  

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    Florida Senate - 2005                                  SB 2132
    20-1162A-05                                        See HB 1257




 1         985.2155  Shared county and state responsibility for

 2  juvenile detention.--

 3         (2)  As used in this section, the term:

 4         (b)  "Fiscally constrained county" means a county

 5  designated as a rural area of critical economic concern under

 6  s. 288.0656 for which the value of a mill in the county is no

 7  more than $4 $3 million, based on the property valuations and

 8  tax data annually published by the Department of Revenue under

 9  s. 195.052.

10         Section 4.  Subsection (6) of section 288.1169, Florida

11  Statutes, is amended to read:

12         288.1169  International Game Fish Association World

13  Center facility.--

14         (6)  The Department of Commerce must recertify every 10

15  years that the facility is open, that the International Game

16  Fish Association World Center continues to be the only

17  international administrative headquarters, fishing museum, and

18  Hall of Fame in the United States recognized by the

19  International Game Fish Association, and that the project is

20  meeting the minimum projections for attendance or sales tax

21  revenues as required at the time of original certification. If

22  the facility is not recertified during this 10-year review as

23  meeting the minimum projections, then funding will be abated

24  until certification criteria are met. If the project fails to

25  generate $1 million of annual revenues pursuant to paragraph

26  (2)(e), the distribution of revenues pursuant to s.

27  212.20(6)(d)8.d. 212.20(6)(d)7.d. shall be reduced to an

28  amount equal to $83,333 multiplied by a fraction, the

29  numerator of which is the actual revenues generated and the

30  denominator of which is $1 million. Such reduction shall

31  

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    Florida Senate - 2005                                  SB 2132
    20-1162A-05                                        See HB 1257




 1  remain in effect until revenues generated by the project in a

 2  12-month period equal or exceed $1 million.

 3         Section 5.  This act shall take effect July 1, 2005.

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