Senate Bill sb1612c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                           CS for SB 1612

    By the Committee on Commerce and Consumer Services; and
    Senators Baker, Aronberg, Argenziano, Alexander, Bennett,
    Lawson, Peaden, Smith, Lynn, Bullard and King



    577-1962-06

  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; amending s. 218.65, F.S.;

  6         providing for a transitional emergency

  7         distribution from the Local Government

  8         Half-cent Sales Tax Clearing Trust Fund to

  9         certain fiscally constrained counties; revising

10         criteria for receiving certain funds from the

11         Local Government Half-cent Sales Tax Clearing

12         Trust Fund; creating s. 218.67, F.S.; providing

13         eligibility criteria to qualify as a fiscally

14         constrained county; providing for the

15         distribution of additional funds to certain

16         fiscally constrained counties; providing for a

17         phaseout period; providing for the use of

18         funds; amending s. 288.1169, F.S.; correcting a

19         cross-reference; amending s. 985.2155, F.S.;

20         revising the definition of the term "fiscally

21         constrained county" applicable to shared county

22         and state responsibility for juvenile

23         detention; providing an effective date.

24  

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

26  

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

28  212.20, Florida Statutes, is amended to read:

29         212.20  Funds collected, disposition; additional powers

30  of department; operational expense; refund of taxes

31  adjudicated unconstitutionally collected.--

                                  1

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






    Florida Senate - 2006                           CS for SB 1612
    577-1962-06




 1         (6)  Distribution of all proceeds under this chapter

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

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

 4  pursuant to this chapter or remitted pursuant to s.

 5  202.18(1)(b) and (2)(b) shall be distributed as follows:

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

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

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

 9  other taxes and fees imposed pursuant to this chapter or

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

11  deposited in monthly installments into the General Revenue

12  Fund.

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

14  the Ecosystem Management and Restoration Trust Fund to be used

15  for water quality improvement and water restoration projects.

16         3.  After the distribution under subparagraphs 1. and

17  2., 8.814 percent of the amount remitted by a sales tax dealer

18  located within a participating county pursuant to s. 218.61

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

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

21  be transferred pursuant to this subparagraph to the Local

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

23  reduced by 0.1 percent, and the department shall distribute

24  this amount to the Public Employees Relations Commission Trust

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

26  amount calculated in subparagraph 4. and distributed

27  accordingly.

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

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

30  transferred to the Local Government Half-cent Sales Tax

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

                                  2

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






    Florida Senate - 2006                           CS for SB 1612
    577-1962-06




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

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

 3  to this paragraph shall be transferred monthly to the Revenue

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

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

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

 7  to this paragraph shall be transferred monthly to the Revenue

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

 9  If the total revenue to be distributed pursuant to this

10  subparagraph is at least as great as the amount due 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, no municipality shall receive less than the amount

14  due from the Revenue Sharing Trust Fund for Municipalities and

15  the former Municipal Financial Assistance Trust Fund in state

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

17  are less than the amount received in combination from the

18  Revenue Sharing Trust Fund for Municipalities and the former

19  Municipal Financial Assistance Trust Fund in state fiscal year

20  1999-2000, each municipality shall receive an amount

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

22  1999-2000.

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

24  3., and 4., 0.082 percent of the available proceeds shall be

25  transferred to the Local Government Half-cent Sales Tax

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

27         8.7.  Of the remaining proceeds:

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

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

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

31  The distribution among the several counties shall begin each

                                  3

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






    Florida Senate - 2006                           CS for SB 1612
    577-1962-06




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

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

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

 4  1999-2000 under the then-existing provisions of s. 550.135 be

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

 6  or a municipal government, such payment shall continue until

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

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

 9  instruments of indebtedness issued by local governments,

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

11  2000, that it is not the intent of this subparagraph to

12  adversely affect the rights of those holders or relieve local

13  governments, special districts, or district school boards of

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

15  pledges or assignments or trusts entered into which obligated

16  funds received from the distribution to county governments

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

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

19  1, 2000.

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

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

22  certified as a "facility for a new professional sports

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

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

25  distributed monthly by the department to each applicant that

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

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

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

29  all certified facilities for a retained spring training

30  franchise. Distributions shall begin 60 days following such

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

                                  4

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






    Florida Senate - 2006                           CS for SB 1612
    577-1962-06




 1  Nothing contained in this paragraph shall be construed to

 2  allow an applicant certified pursuant to s. 288.1162 to

 3  receive more in distributions than actually expended by the

 4  applicant for the public purposes provided for in s.

 5  288.1162(6). However, a certified applicant is entitled to

 6  receive distributions up to the maximum amount allowable and

 7  undistributed under this section for additional renovations

 8  and improvements to the facility for the franchise without

 9  additional certification.

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

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

12  Revenue that an applicant has been certified as the

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

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

15  up to 300 months, to the applicant.

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

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

18  Revenue that the applicant has been certified as the

19  International Game Fish Association World Center facility

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

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

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

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

24  $999,996 shall be made, after certification and before July 1,

25  2000.

26         9.8.  All other proceeds shall remain with the General

27  Revenue Fund.

28         Section 2.  Section 218.65, Florida Statutes, is

29  amended to read:

30         218.65  Emergency distribution.--

31  

                                  5

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






    Florida Senate - 2006                           CS for SB 1612
    577-1962-06




 1         (1)  Each county government which meets the provisions

 2  of subsection (2) or subsection (8)(7) and which participates

 3  in the local government half-cent sales tax shall receive a

 4  distribution from the Local Government Half-cent Sales Tax

 5  Clearing Trust Fund in addition to its regular monthly

 6  distribution as provided in this part.

 7         (2)  The Legislature hereby finds and declares that a

 8  fiscal emergency exists in any county which meets the

 9  following criteria specified in paragraph (a), if applicable,

10  and the criterion specified in paragraph (b):

11         (a)  If The county has a population of 65,000 or less;

12  and above:

13         1.  In any year from 1977 to 1981, inclusive, the value

14  of net new construction and additions placed on the tax roll

15  for that year was less than 2 percent of the taxable value for

16  school purposes on the roll for that year, exclusive of such

17  net value; or

18         2.  The percentage increase in county taxable value

19  from 1979 to 1980, 1980 to 1981, or 1981 to 1982 was less than

20  3 percent.

21         (b)  The moneys distributed to the county government

22  pursuant to s. 218.62 for the prior fiscal year were less than

23  the current per capita limitation, based on the population of

24  that county.

25         (3)  Qualification under this section shall be

26  determined annually at the start of the fiscal year. Emergency

27  and supplemental moneys shall be distributed monthly with

28  other moneys provided pursuant to this part.

29         (4)  For the fiscal year beginning in 1988, the per

30  capita limitation shall be $24.60. Thereafter, commencing with

31  the fiscal year which begins in 1989, this limitation shall be

                                  6

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






    Florida Senate - 2006                           CS for SB 1612
    577-1962-06




 1  adjusted annually for inflation. The annual adjustment to the

 2  per capita limitation for each fiscal period shall be the

 3  percentage change in the state and local government price

 4  deflator for purchases of goods and services, all items, 1983

 5  equals 100, or successor reports for the preceding calendar

 6  year as initially reported by the United States Department of

 7  Commerce, Bureau of Economic Analysis, as certified by the

 8  Florida Consensus Estimating Conference.

 9         (5)  At the beginning of each fiscal year, the

10  Department of Revenue shall calculate a base allocation for

11  each eligible county equal to the difference between the

12  current per capita limitation times the county's population,

13  minus prior year ordinary distributions to the county pursuant

14  to ss. 212.20(6)(d)3., 218.61, and 218.62. If moneys deposited

15  into the Local Government Half-cent Sales Tax Clearing Trust

16  Fund pursuant to s. 212.20(6)(d)4., excluding moneys

17  appropriated for supplemental distributions pursuant to

18  subsection (8)(7), for the current year are less than or equal

19  to the sum of the base allocations, each eligible county shall

20  receive a share of the appropriated amount proportional to its

21  base allocation. If the deposited amount exceeds the sum of

22  the base allocations, each county shall receive its base

23  allocation, and the excess appropriated amount, less any

24  amounts distributed under subsection (6), shall be distributed

25  equally on a per capita basis among the eligible counties.

26         (6)  If moneys deposited in the Local Government

27  Half-cent Sales Tax Clearing Trust Fund pursuant to s.

28  212.20(6)(d)4. exceed the amount necessary to provide the base

29  allocation to each eligible county, the moneys in the trust

30  fund may be used to provide a transitional distribution, as

31  specified in this subsection, to certain counties whose

                                  7

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






    Florida Senate - 2006                           CS for SB 1612
    577-1962-06




 1  population has increased. The transitional distribution shall

 2  be made available to each county that qualified for a

 3  distribution under subsection (2) in the prior year but does

 4  not, because of the requirements of paragraph (2)(a), qualify

 5  for a distribution in the current year. Beginning on July 1 of

 6  the year following the year in which the county no longer

 7  qualifies for a distribution under subsection (2), the county

 8  shall receive two-thirds of the amount received in the prior

 9  year, and beginning July 1 of the second year following the

10  year in which the county no longer qualifies for a

11  distribution under subsection (2), the county shall receive

12  one-third of the amount it received in the last year it

13  qualified for the distribution under subsection (2). If

14  insufficient moneys are available in the Local Government

15  Half-cent Sales Tax Clearing Trust Fund to fully provide such

16  a transitional distribution to each county that meets the

17  eligibility criteria in this section, each eligible county

18  shall receive a share of the available moneys proportional to

19  the amount it would have received had moneys been sufficient

20  to fully provide such a transitional distribution to each

21  eligible county.

22         (7)(6)  There is hereby annually appropriated from the

23  Local Government Half-cent Sales Tax Clearing Trust Fund the

24  distribution provided in s. 212.20(6)(d)4. to be used for

25  emergency and supplemental distributions pursuant to this

26  section.

27         (8)(7)(a)  Any county the inmate population of which in

28  any year is greater than 7 percent of the total population of

29  the county is eligible for a supplemental distribution for

30  that year from funds expressly appropriated therefor. At the

31  beginning of each fiscal year, the Department of Revenue shall

                                  8

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






    Florida Senate - 2006                           CS for SB 1612
    577-1962-06




 1  calculate a supplemental allocation for each eligible county

 2  equal to the current per capita limitation pursuant to

 3  subsection (4) times the inmate population of the county. If

 4  moneys appropriated for distribution pursuant to this section

 5  for the current year are less than the sum of supplemental

 6  allocations, each eligible county shall receive a share of the

 7  appropriated amount proportional to its supplemental

 8  allocation. Otherwise, each shall receive an amount equal to

 9  its supplemental allocation.

10         (b)  For the purposes of this subsection, the term:

11         1.  "Inmate population" means the latest official state

12  estimate of the number of inmates and patients residing in

13  institutions operated by the Federal Government, the

14  Department of Corrections, or the Department of Children and

15  Family Services.

16         2.  "Total population" includes inmate population and

17  noninmate population.

18         Section 3.  Section 218.67, Florida Statutes, is

19  created to read:

20         218.67  Distribution for fiscally constrained

21  counties.--

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

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

24  property valuations and tax data annually published by the

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

26  fiscally constrained county.

27         (2)  Each fiscally constrained county government that

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

29  be eligible to receive an additional distribution from the

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

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

                                  9

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






    Florida Senate - 2006                           CS for SB 1612
    577-1962-06




 1  distribution provided under this part and any emergency or

 2  supplemental distribution under s. 218.65.

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

 4  constrained county shall be determined by the Department of

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

 6  fiscal year property valuations, tax data, and population

 7  estimates and the millage rate levied for the prior fiscal

 8  year. The amount distributed shall be allocated based upon the

 9  following factors:

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

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

12  revenues from 1 mill of taxation on a per capita basis. A

13  county that raises no more than $25 per capita from 1 mill

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

15  $25 but no more than $30 per capita from 1 mill shall be

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

17  $30 but no more than $50 per capita from 1 mill shall be

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

19  counties that raise more than $50 per capita from 1 mill of ad

20  valorem taxation.

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

22  relative level of local effort of the eligible county as

23  indicated by the millage rate levied for the prior fiscal

24  year. The local-effort factor shall be the most recently

25  adopted countywide operating millage rate for each eligible

26  county multiplied by 0.1.

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

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

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

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

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

                                  10

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






    Florida Senate - 2006                           CS for SB 1612
    577-1962-06




 1  receive an allocation under this subsection and the amount

 2  available to be distributed to such counties shall not include

 3  counties participating in the phaseout period under subsection

 4  (4) or the amounts they remain eligible to receive during the

 5  phaseout.

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

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

 8  this act, there shall be a 2-year phaseout period. Beginning

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

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

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

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

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

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

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

16  county qualified as a fiscally constrained county. Following

17  the 2-year phaseout period, the county shall no longer be

18  eligible to receive any distributions under this section

19  unless the county can be considered a fiscally constrained

20  county as provided in subsection (1).

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

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

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

24  certificates of participation, or any other forms of

25  indebtedness.

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

27  Statutes, is amended to read:

28         288.1169  International Game Fish Association World

29  Center facility.--

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

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

                                  11

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






    Florida Senate - 2006                           CS for SB 1612
    577-1962-06




 1  Fish Association World Center continues to be the only

 2  international administrative headquarters, fishing museum, and

 3  Hall of Fame in the United States recognized by the

 4  International Game Fish Association, and that the project is

 5  meeting the minimum projections for attendance or sales tax

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

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

 8  meeting the minimum projections, then funding will be abated

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

10  generate $1 million of annual revenues pursuant to paragraph

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

12  212.20(6)(d)8.d. 212.20(6)(d)7.d. shall be reduced to an

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

14  numerator of which is the actual revenues generated and the

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

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

17  12-month period equal or exceed $1 million.

18         Section 5.  Paragraph (b) of subsection (2) of section

19  985.2155, Florida Statutes, is amended to read:

20         985.2155  Shared county and state responsibility for

21  juvenile detention.--

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

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

24  designated as a rural area of critical economic concern under

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

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

27  tax data annually published by the Department of Revenue under

28  s. 195.052.

29         Section 6.  This act shall take effect July 1, 2006.

30  

31  

                                  12

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






    Florida Senate - 2006                           CS for SB 1612
    577-1962-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1612

 3                                 

 4  The committee substitute differs from the bill in the
    following ways: it deletes a provision authorizing the Office
 5  of Tourism, Trade, and Economic Development to administer
    funds appropriated for the rural priority recommendation
 6  within the statewide strategic economic development plan; and
    deletes a $2 million appropriation to the Office of Tourism,
 7  Trade, and Economic Development for implementation of the
    rural priority recommendation within the statewide strategic
 8  economic development plan.

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  13

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