HB 1143CS

CHAMBER ACTION



1The Finance & Tax Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to economic development incentives;
7amending s. 212.20, F.S.; providing for distribution of a
8portion of revenues from the tax on sales, use, and other
9transactions to specified units of local government owning
10eligible convention centers; providing limitations;
11requiring the Department of Revenue to prescribe certain
12forms; providing for future repeal; creating s. 288.1171,
13F.S.; providing for certification by the Office of
14Tourism, Trade, and Economic Development of units of local
15government owning eligible convention centers; requiring
16the office to adopt specified rules; providing a
17definition; providing requirements for certification;
18providing for use of proceeds distributed to units of
19local government under the act; providing for revocation
20of certification; providing for future repeal; providing
21an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Paragraph (d) of subsection (6) of section
26212.20, Florida Statutes, is amended to read:
27     212.20  Funds collected, disposition; additional powers of
28department; operational expense; refund of taxes adjudicated
29unconstitutionally collected.--
30     (6)  Distribution of all proceeds under this chapter and s.
31202.18(1)(b) and (2)(b) shall be as follows:
32     (d)  The proceeds of all other taxes and fees imposed
33pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
34and (2)(b) shall be distributed as follows:
35     1.  In any fiscal year, the greater of $500 million, minus
36an amount equal to 4.6 percent of the proceeds of the taxes
37collected pursuant to chapter 201, or 5 percent of all other
38taxes and fees imposed pursuant to this chapter or remitted
39pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
40monthly installments into the General Revenue Fund.
41     2.  Two-tenths of one percent shall be transferred to the
42Ecosystem Management and Restoration Trust Fund to be used for
43water quality improvement and water restoration projects.
44     3.  After the distribution under subparagraphs 1. and 2.,
458.814 percent of the amount remitted by a sales tax dealer
46located within a participating county pursuant to s. 218.61
47shall be transferred into the Local Government Half-cent Sales
48Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
49be transferred pursuant to this subparagraph to the Local
50Government Half-cent Sales Tax Clearing Trust Fund shall be
51reduced by 0.1 percent, and the department shall distribute this
52amount to the Public Employees Relations Commission Trust Fund
53less $5,000 each month, which shall be added to the amount
54calculated in subparagraph 4. and distributed accordingly.
55     4.  After the distribution under subparagraphs 1., 2., and
563., 0.095 percent shall be transferred to the Local Government
57Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
58to s. 218.65.
59     5.  After the distributions under subparagraphs 1., 2., 3.,
60and 4., 2.0440 percent of the available proceeds pursuant to
61this paragraph shall be transferred monthly to the Revenue
62Sharing Trust Fund for Counties pursuant to s. 218.215.
63     6.  After the distributions under subparagraphs 1., 2., 3.,
64and 4., 1.3409 percent of the available proceeds pursuant to
65this paragraph shall be transferred monthly to the Revenue
66Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
67the total revenue to be distributed pursuant to this
68subparagraph is at least as great as the amount due from the
69Revenue Sharing Trust Fund for Municipalities and the former
70Municipal Financial Assistance Trust Fund in state fiscal year
711999-2000, no municipality shall receive less than the amount
72due from the Revenue Sharing Trust Fund for Municipalities and
73the former Municipal Financial Assistance Trust Fund in state
74fiscal year 1999-2000. If the total proceeds to be distributed
75are less than the amount received in combination from the
76Revenue Sharing Trust Fund for Municipalities and the former
77Municipal Financial Assistance Trust Fund in state fiscal year
781999-2000, each municipality shall receive an amount
79proportionate to the amount it was due in state fiscal year
801999-2000.
81     7.  Of the remaining proceeds:
82     a.  In each fiscal year, the sum of $29,915,500 shall be
83divided into as many equal parts as there are counties in the
84state, and one part shall be distributed to each county. The
85distribution among the several counties shall begin each fiscal
86year on or before January 5th and shall continue monthly for a
87total of 4 months. If a local or special law required that any
88moneys accruing to a county in fiscal year 1999-2000 under the
89then-existing provisions of s. 550.135 be paid directly to the
90district school board, special district, or a municipal
91government, such payment shall continue until such time that the
92local or special law is amended or repealed. The state covenants
93with holders of bonds or other instruments of indebtedness
94issued by local governments, special districts, or district
95school boards prior to July 1, 2000, that it is not the intent
96of this subparagraph to adversely affect the rights of those
97holders or relieve local governments, special districts, or
98district school boards of the duty to meet their obligations as
99a result of previous pledges or assignments or trusts entered
100into which obligated funds received from the distribution to
101county governments under then-existing s. 550.135. This
102distribution specifically is in lieu of funds distributed under
103s. 550.135 prior to July 1, 2000.
104     b.  The department shall distribute $166,667 monthly
105pursuant to s. 288.1162 to each applicant that has been
106certified as a "facility for a new professional sports
107franchise" or a "facility for a retained professional sports
108franchise" pursuant to s. 288.1162. Up to $41,667 shall be
109distributed monthly by the department to each applicant that has
110been certified as a "facility for a retained spring training
111franchise" pursuant to s. 288.1162; however, not more than
112$208,335 may be distributed monthly in the aggregate to all
113certified facilities for a retained spring training franchise.
114Distributions shall begin 60 days following such certification
115and shall continue for not more than 30 years. Nothing contained
116in this paragraph shall be construed to allow an applicant
117certified pursuant to s. 288.1162 to receive more in
118distributions than actually expended by the applicant for the
119public purposes provided for in s. 288.1162(6). However, a
120certified applicant is entitled to receive distributions up to
121the maximum amount allowable and undistributed under this
122section for additional renovations and improvements to the
123facility for the franchise without additional certification.
124     c.  Beginning 30 days after notice by the Office of
125Tourism, Trade, and Economic Development to the Department of
126Revenue that an applicant has been certified as the professional
127golf hall of fame pursuant to s. 288.1168 and is open to the
128public, $166,667 shall be distributed monthly, for up to 300
129months, to the applicant.
130     d.  Beginning 30 days after notice by the Office of
131Tourism, Trade, and Economic Development to the Department of
132Revenue that the applicant has been certified as the
133International Game Fish Association World Center facility
134pursuant to s. 288.1169, and the facility is open to the public,
135$83,333 shall be distributed monthly, for up to 168 months, to
136the applicant. This distribution is subject to reduction
137pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
138made, after certification and before July 1, 2000.
139     e.  The department shall distribute monthly to units of
140local government that have been certified as owning eligible
141convention centers pursuant to s. 288.1171 an amount equal to 50
142percent of the proceeds, as defined in this sub-subparagraph,
143received and collected in the previous month by the department
144under the provisions of this chapter which are generated by such
145eligible convention centers and remitted on the sales and use
146tax returns of eligible convention centers. Proceeds, for the
147purposes of this sub-subparagraph, are limited to all applicable
148sales taxes collected by an eligible convention center for
149standard services provided by center staff to users of the
150center, which include the following: parking, admission and
151ticket sales, food services, utilities services, space rentals,
152equipment rentals, security services, decorating services,
153business services, advertising services, communications
154services, exhibit supply sales and rentals, locksmith services,
155and sales of gifts and sundries. The total distribution to each
156unit of local government shall not exceed $1 million per state
157fiscal year. However, total distributions to all units of local
158government shall not exceed $5 million per state fiscal year,
159and such distribution shall be limited exclusively to the taxes
160collected and remitted under the provisions of this chapter. If
161collections and remittances of eligible convention centers
162exceed the $5-million maximum amount authorized for
163distribution, the department shall distribute proceeds to each
164eligible unit of local government using an apportionment factor,
165the numerator of which is the amount remitted by an eligible
166convention center and the denominator of which is the total
167amount remitted by all eligible convention centers. The
168apportionment factor for each eligible convention center shall
169be applied to the $5-million maximum amount authorized for
170distribution to determine the amount that shall be distributed
171to each local government unit. The department shall prescribe
172forms required to be filed with the department by eligible
173convention centers. Distributions shall begin 60 days following
174notification of certification by the Office of Tourism, Trade,
175and Economic Development pursuant to s. 288.1171. Distributions
176shall be used solely to encourage and provide economic
177development for the attraction, recruitment, and retention of
178corporate headquarters and of high-technology, manufacturing,
179research-and-development, entertainment, and tourism industries
180as designated by the unit of local government by resolution of
181its governing body, and to assist the eligible convention
182centers to attract more business and expand their offerings,
183including developing their own events and shows. This sub-
184subparagraph is repealed June 30, 2009.
185     8.  All other proceeds shall remain with the General
186Revenue Fund.
187     Section 2.  Section 288.1171, Florida Statutes, is created
188to read:
189     288.1171  Convention centers owned by units of local
190government; certification as owning eligible convention centers;
191duties.--
192     (1)  The Office of Tourism, Trade, and Economic Development
193shall serve as the state agency for screening applicants for
194state funding pursuant to s. 212.20(6)(d)7.e. and for certifying
195an applicant as owning an eligible convention center.
196     (2)  The Office of Tourism, Trade, and Economic Development
197shall adopt rules pursuant to ss. 120.536(1) and 120.54 for the
198receipt and processing of applications for funding pursuant to
199s. 212.20(6)(d)7.e.
200     (3)  As used in this section, the term "eligible convention
201center" means a publicly owned facility having exhibition space
202in excess of 30,000 square feet, the primary function of which
203is to host meetings, conventions, or trade shows.
204     (4)  Prior to certifying an applicant as owning an eligible
205convention center, the Office of Tourism, Trade, and Economic
206Development must determine that:
207     (a)  The unit of local government, as defined in s.
208218.369, owns an eligible convention center.
209     (b)  The convention center contains more than 30,000 square
210feet of exhibition space.
211     (c)  The unit of local government in which the convention
212center is located has certified by resolution after a public
213hearing that the application serves a public purpose pursuant to
214subsection (7).
215     (d)  The convention center is located in a county that is
216levying a tourist development tax pursuant to s. 125.0104.
217     (5)  Upon certification of an applicant, the Office of
218Tourism, Trade, and Economic Development shall notify the
219executive director of the Department of Revenue of such
220certification by means of an official letter granting
221certification. The Department of Revenue shall not begin
222distributing proceeds until 60 days following notice by the
223Office of Tourism, Trade, and Economic Development that a unit
224of local government has been certified as owning an eligible
225convention center.
226     (6)  An applicant previously certified under any provision
227of this section who has received proceeds under such
228certification is not eligible for an additional certification.
229     (7)  A unit of local government certified as owning an
230eligible convention center may use proceeds provided pursuant to
231s. 212.20(6)(d)7.e. solely to encourage and provide economic
232development for the attraction, recruitment, and retention of
233corporate headquarters and of high-technology, manufacturing,
234research-and-development, entertainment, and tourism industries
235as designated by the unit of local government by resolution of
236its governing body, and to assist the eligible convention
237centers to attract more business and expand their offerings,
238including developing their own events and shows.
239     (8)  Failure to use the proceeds as provided in this
240section shall be grounds for revoking certification.
241     (9)  This section is repealed June 30, 2009.
242     Section 3.  This act shall take effect July 1, 2006.


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