Senate Bill sb2642

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    Florida Senate - 2005                                  SB 2642

    By Senator Saunders





    37-1339A-05

  1                      A bill to be entitled

  2         An act relating to distributions of sales and

  3         use tax proceeds; amending s. 212.20, F.S.;

  4         increasing a monthly distribution of funds to

  5         certain professional sports franchises;

  6         providing an effective date.

  7  

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

  9  

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

11  212.20, Florida Statutes, is amended to read:

12         212.20  Funds collected, disposition; additional powers

13  of department; operational expense; refund of taxes

14  adjudicated unconstitutionally collected.--

15         (6)  Distribution of all proceeds under this chapter

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

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

18  pursuant to this chapter or remitted pursuant to s.

19  202.18(1)(b) and (2)(b) shall be distributed as follows:

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

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

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

23  other taxes and fees imposed pursuant to this chapter or

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

25  deposited in monthly installments into the General Revenue

26  Fund.

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

28  the Ecosystem Management and Restoration Trust Fund to be used

29  for water quality improvement and water restoration projects.

30         3.  After the distribution under subparagraphs 1. and

31  2., 8.814 percent of the amount remitted by a sales tax dealer

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    Florida Senate - 2005                                  SB 2642
    37-1339A-05




 1  located within a participating county pursuant to s. 218.61

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

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

 4  be transferred pursuant to this subparagraph to the Local

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

 6  reduced by 0.1 percent, and the department shall distribute

 7  this amount to the Public Employees Relations Commission Trust

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

 9  amount calculated in subparagraph 4. and distributed

10  accordingly.

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

12  and 3., 0.095 percent shall be transferred to the Local

13  Government Half-cent Sales Tax Clearing Trust Fund and

14  distributed pursuant to s. 218.65.

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

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

17  to this paragraph shall be transferred monthly to the Revenue

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

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

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

21  to this paragraph shall be transferred monthly to the Revenue

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

23  If the total revenue to be distributed pursuant to this

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

25  Revenue Sharing Trust Fund for Municipalities and the former

26  Municipal Financial Assistance Trust Fund in state fiscal year

27  1999-2000, no municipality shall receive less than the amount

28  due from the Revenue Sharing Trust Fund for Municipalities and

29  the former Municipal Financial Assistance Trust Fund in state

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

31  are less than the amount received in combination from the

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    Florida Senate - 2005                                  SB 2642
    37-1339A-05




 1  Revenue Sharing Trust Fund for Municipalities and the former

 2  Municipal Financial Assistance Trust Fund in state fiscal year

 3  1999-2000, each municipality shall receive an amount

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

 5  1999-2000.

 6         7.  Of the remaining proceeds:

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

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

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

10  The distribution among the several counties shall begin each

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

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

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

14  1999-2000 under the then-existing provisions of s. 550.135 be

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

16  or a municipal government, such payment shall continue until

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

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

19  instruments of indebtedness issued by local governments,

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

21  2000, that it is not the intent of this subparagraph to

22  adversely affect the rights of those holders or relieve local

23  governments, special districts, or district school boards of

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

25  pledges or assignments or trusts entered into which obligated

26  funds received from the distribution to county governments

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

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

29  1, 2000.

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

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

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    Florida Senate - 2005                                  SB 2642
    37-1339A-05




 1  certified as a "facility for a new professional sports

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

 3  franchise" pursuant to s. 288.1162, except that for new or

 4  retained professional sports franchises certified on or after

 5  January 1, 2005, and for previously certified new and retained

 6  professional sports franchises undertaking additional

 7  renovations and improvements pursuant to s. 288.1162, such

 8  distribution shall be $275,000. Up to $41,667 shall be

 9  distributed monthly by the department to each applicant that

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

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

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

13  all certified facilities for a retained spring training

14  franchise. Distributions shall begin 60 days following such

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

16  Nothing contained in this paragraph shall be construed to

17  allow an applicant certified pursuant to s. 288.1162 to

18  receive more in distributions than actually expended by the

19  applicant for the public purposes provided for in s.

20  288.1162(6). However, a certified applicant is entitled to

21  receive distributions up to the maximum amount allowable and

22  undistributed under this section for additional renovations

23  and improvements to the facility for the franchise without

24  additional certification.

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

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

27  Revenue that an applicant has been certified as the

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

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

30  up to 300 months, to the applicant.

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    Florida Senate - 2005                                  SB 2642
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 1         d.  Beginning 30 days after notice by the Office of

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

 3  Revenue that the applicant has been certified as the

 4  International Game Fish Association World Center facility

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

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

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

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

 9  $999,996 shall be made, after certification and before July 1,

10  2000.

11         8.  All other proceeds shall remain with the General

12  Revenue Fund.

13         Section 2.  This act shall take effect upon becoming a

14  law.

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