HB 0293CS


1The Fiscal Council recommends the following:
2     Council/Committee Substitute
3     Remove the entire bill and insert:
A bill to be entitled
5An act relating to fiscally constrained counties; amending
6s. 212.20, F.S.; providing for a distribution of tax
7revenue to fiscally constrained counties; amending s.
8218.65, F.S.; providing for a transitional emergency
9distribution from the Local Government Half-cent Sales Tax
10Clearing Trust Fund to certain fiscally constrained
11counties; revising criteria for receiving certain funds
12from the Local Government Half-cent Sales Tax Clearing
13Trust Fund; creating s. 218.67, F.S.; providing
14eligibility criteria to qualify as a fiscally constrained
15county; providing for the distribution of additional funds
16to certain fiscally constrained counties; providing for a
17phaseout period; providing for the use of funds; amending
18s. 288.1169, F.S.; correcting a cross-reference; amending
19s. 985.2155, F.S.; revising the definition of the term
20"fiscally constrained county" applicable to shared county
21and state responsibility for juvenile detention; providing
22an effective date.
24Be It Enacted by the Legislature of the State of Florida:
26     Section 1.  Paragraph (d) of subsection (6) of section
27212.20, Florida Statutes, is amended to read:
28     212.20  Funds collected, disposition; additional powers of
29department; operational expense; refund of taxes adjudicated
30unconstitutionally collected.--
31     (6)  Distribution of all proceeds under this chapter and s.
32202.18(1)(b) and (2)(b) shall be as follows:
33     (d)  The proceeds of all other taxes and fees imposed
34pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
35and (2)(b) shall be distributed as follows:
36     1.  In any fiscal year, the greater of $500 million, minus
37an amount equal to 4.6 percent of the proceeds of the taxes
38collected pursuant to chapter 201, or 5 percent of all other
39taxes and fees imposed pursuant to this chapter or remitted
40pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
41monthly installments into the General Revenue Fund.
42     2.  Two-tenths of one percent shall be transferred to the
43Ecosystem Management and Restoration Trust Fund to be used for
44water quality improvement and water restoration projects.
45     3.  After the distribution under subparagraphs 1. and 2.,
468.814 percent of the amount remitted by a sales tax dealer
47located within a participating county pursuant to s. 218.61
48shall be transferred into the Local Government Half-cent Sales
49Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
50be transferred pursuant to this subparagraph to the Local
51Government Half-cent Sales Tax Clearing Trust Fund shall be
52reduced by 0.1 percent, and the department shall distribute this
53amount to the Public Employees Relations Commission Trust Fund
54less $5,000 each month, which shall be added to the amount
55calculated in subparagraph 4. and distributed accordingly.
56     4.  After the distribution under subparagraphs 1., 2., and
573., 0.095 percent of the available proceeds shall be transferred
58to the Local Government Half-cent Sales Tax Clearing Trust Fund
59and distributed pursuant to s. 218.65.
60     5.  After the distributions under subparagraphs 1., 2., 3.,
61and 4., 2.0440 percent of the available proceeds pursuant to
62this paragraph shall be transferred monthly to the Revenue
63Sharing Trust Fund for Counties pursuant to s. 218.215.
64     6.  After the distributions under subparagraphs 1., 2., 3.,
65and 4., 1.3409 percent of the available proceeds pursuant to
66this paragraph shall be transferred monthly to the Revenue
67Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
68the total revenue to be distributed pursuant to this
69subparagraph is at least as great as the amount due from the
70Revenue Sharing Trust Fund for Municipalities and the former
71Municipal Financial Assistance Trust Fund in state fiscal year
721999-2000, no municipality shall receive less than the amount
73due from the Revenue Sharing Trust Fund for Municipalities and
74the former Municipal Financial Assistance Trust Fund in state
75fiscal year 1999-2000. If the total proceeds to be distributed
76are less than the amount received in combination from the
77Revenue Sharing Trust Fund for Municipalities and the former
78Municipal Financial Assistance Trust Fund in state fiscal year
791999-2000, each municipality shall receive an amount
80proportionate to the amount it was due in state fiscal year
82     7.  After the distributions under subparagraphs 1., 2., 3.,
83and 4., 0.082 percent of the available proceeds shall be
84transferred to the Local Government Half-cent Sales Tax Clearing
85Trust Fund and distributed pursuant to s. 218.67.
86     8.7.  Of the remaining proceeds:
87     a.  In each fiscal year, the sum of $29,915,500 shall be
88divided into as many equal parts as there are counties in the
89state, and one part shall be distributed to each county. The
90distribution among the several counties shall begin each fiscal
91year on or before January 5th and shall continue monthly for a
92total of 4 months. If a local or special law required that any
93moneys accruing to a county in fiscal year 1999-2000 under the
94then-existing provisions of s. 550.135 be paid directly to the
95district school board, special district, or a municipal
96government, such payment shall continue until such time that the
97local or special law is amended or repealed. The state covenants
98with holders of bonds or other instruments of indebtedness
99issued by local governments, special districts, or district
100school boards prior to July 1, 2000, that it is not the intent
101of this subparagraph to adversely affect the rights of those
102holders or relieve local governments, special districts, or
103district school boards of the duty to meet their obligations as
104a result of previous pledges or assignments or trusts entered
105into which obligated funds received from the distribution to
106county governments under then-existing s. 550.135. This
107distribution specifically is in lieu of funds distributed under
108s. 550.135 prior to July 1, 2000.
109     b.  The department shall distribute $166,667 monthly
110pursuant to s. 288.1162 to each applicant that has been
111certified as a "facility for a new professional sports
112franchise" or a "facility for a retained professional sports
113franchise" pursuant to s. 288.1162. Up to $41,667 shall be
114distributed monthly by the department to each applicant that has
115been certified as a "facility for a retained spring training
116franchise" pursuant to s. 288.1162; however, not more than
117$208,335 may be distributed monthly in the aggregate to all
118certified facilities for a retained spring training franchise.
119Distributions shall begin 60 days following such certification
120and shall continue for not more than 30 years. Nothing contained
121in this paragraph shall be construed to allow an applicant
122certified pursuant to s. 288.1162 to receive more in
123distributions than actually expended by the applicant for the
124public purposes provided for in s. 288.1162(6). However, a
125certified applicant is entitled to receive distributions up to
126the maximum amount allowable and undistributed under this
127section for additional renovations and improvements to the
128facility for the franchise without additional certification.
129     c.  Beginning 30 days after notice by the Office of
130Tourism, Trade, and Economic Development to the Department of
131Revenue that an applicant has been certified as the professional
132golf hall of fame pursuant to s. 288.1168 and is open to the
133public, $166,667 shall be distributed monthly, for up to 300
134months, to the applicant.
135     d.  Beginning 30 days after notice by the Office of
136Tourism, Trade, and Economic Development to the Department of
137Revenue that the applicant has been certified as the
138International Game Fish Association World Center facility
139pursuant to s. 288.1169, and the facility is open to the public,
140$83,333 shall be distributed monthly, for up to 168 months, to
141the applicant. This distribution is subject to reduction
142pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
143made, after certification and before July 1, 2000.
144     9.8.  All other proceeds shall remain with the General
145Revenue Fund.
146     Section 2.  Section 218.65, Florida Statutes, is amended to
148     218.65  Emergency distribution.--
149     (1)  Each county government which meets the provisions of
150subsection (2) or subsection (8) (7) and which participates in
151the local government half-cent sales tax shall receive a
152distribution from the Local Government Half-cent Sales Tax
153Clearing Trust Fund in addition to its regular monthly
154distribution as provided in this part.
155     (2)  The Legislature hereby finds and declares that a
156fiscal emergency exists in any county which meets the following
157criteria specified in paragraph (a), if applicable, and the
158criterion specified in paragraph (b):
159     (a)  If The county has a population of 65,000 or less; and
161     1.  In any year from 1977 to 1981, inclusive, the value of
162net new construction and additions placed on the tax roll for
163that year was less than 2 percent of the taxable value for
164school purposes on the roll for that year, exclusive of such net
165value; or
166     2.  The percentage increase in county taxable value from
1671979 to 1980, 1980 to 1981, or 1981 to 1982 was less than 3
169     (b)  The moneys distributed to the county government
170pursuant to s. 218.62 for the prior fiscal year were less than
171the current per capita limitation, based on the population of
172that county.
173     (3)  Qualification under this section shall be determined
174annually at the start of the fiscal year. Emergency and
175supplemental moneys shall be distributed monthly with other
176moneys provided pursuant to this part.
177     (4)  For the fiscal year beginning in 1988, the per capita
178limitation shall be $24.60. Thereafter, commencing with the
179fiscal year which begins in 1989, this limitation shall be
180adjusted annually for inflation. The annual adjustment to the
181per capita limitation for each fiscal period shall be the
182percentage change in the state and local government price
183deflator for purchases of goods and services, all items, 1983
184equals 100, or successor reports for the preceding calendar year
185as initially reported by the United States Department of
186Commerce, Bureau of Economic Analysis, as certified by the
187Florida Consensus Estimating Conference.
188     (5)  At the beginning of each fiscal year, the Department
189of Revenue shall calculate a base allocation for each eligible
190county equal to the difference between the current per capita
191limitation times the county's population, minus prior year
192ordinary distributions to the county pursuant to ss.
193212.20(6)(d)3., 218.61, and 218.62. If moneys deposited into the
194Local Government Half-cent Sales Tax Clearing Trust Fund
195pursuant to s. 212.20(6)(d)4., excluding moneys appropriated for
196supplemental distributions pursuant to subsection (8) (7), for
197the current year are less than or equal to the sum of the base
198allocations, each eligible county shall receive a share of the
199appropriated amount proportional to its base allocation. If the
200deposited amount exceeds the sum of the base allocations, each
201county shall receive its base allocation, and the excess
202appropriated amount, less any amounts distributed under
203subsection (6), shall be distributed equally on a per capita
204basis among the eligible counties.
205     (6)  If moneys deposited in the Local Government Half-cent
206Sales Tax Clearing Trust Fund pursuant to s. 212.20(6)(d)4.
207exceed the amount necessary to provide the base allocation to
208each eligible county, the moneys in the trust fund may be used
209to provide a transitional distribution, as specified in this
210subsection, to certain counties whose population has increased.
211The transitional distribution shall be made available to each
212county that qualified for a distribution under subsection (2) in
213the prior year but does not, because of the requirements of
214paragraph (2)(a), qualify for a distribution in the current
215year. Beginning on July 1 of the year following the year in
216which the county no longer qualifies for a distribution under
217subsection (2), the county shall receive two-thirds of the
218amount received in the prior year, and beginning July 1 of the
219second year following the year in which the county no longer
220qualifies for a distribution under subsection (2), the county
221shall receive one-third of the amount it received in the last
222year it qualified for the distribution under subsection (2). If
223insufficient moneys are available in the Local Government Half-
224cent Sales Tax Clearing Trust Fund to fully provide such a
225transitional distribution to each county that meets the
226eligibility criteria in this section, each eligible county shall
227receive a share of the available moneys proportional to the
228amount it would have received had moneys been sufficient to
229fully provide such a transitional distribution to each eligible
231     (7)(6)  There is hereby annually appropriated from the
232Local Government Half-cent Sales Tax Clearing Trust Fund the
233distribution provided in s. 212.20(6)(d)4. to be used for
234emergency and supplemental distributions pursuant to this
236     (8)(7)(a)  Any county the inmate population of which in any
237year is greater than 7 percent of the total population of the
238county is eligible for a supplemental distribution for that year
239from funds expressly appropriated therefor. At the beginning of
240each fiscal year, the Department of Revenue shall calculate a
241supplemental allocation for each eligible county equal to the
242current per capita limitation pursuant to subsection (4) times
243the inmate population of the county. If moneys appropriated for
244distribution pursuant to this section for the current year are
245less than the sum of supplemental allocations, each eligible
246county shall receive a share of the appropriated amount
247proportional to its supplemental allocation. Otherwise, each
248shall receive an amount equal to its supplemental allocation.
249     (b)  For the purposes of this subsection, the term:
250     1.  "Inmate population" means the latest official state
251estimate of the number of inmates and patients residing in
252institutions operated by the Federal Government, the Department
253of Corrections, or the Department of Children and Family
255     2.  "Total population" includes inmate population and
256noninmate population.
257     Section 3.  Section 218.67, Florida Statutes, is created to
259     218.67  Distribution for fiscally constrained counties.--
260     (1)  Each county that is within a rural area of critical
261economic concern as designated by the Governor pursuant to s.
262288.0656 or each county for which the value of a mill will raise
263no more than $5 million in revenue, based on the certified
264school taxable value from the previous July 1, shall be
265considered a fiscally constrained county.
266     (2)  Each fiscally constrained county government that
267participates in the local government half-cent sales tax shall
268be eligible to receive an additional distribution from the Local
269Government Half-cent Sales Tax Clearing Trust Fund, as provided
270in s. 212.20, in addition to its regular monthly distribution
271provided under this part and any emergency or supplemental
272distribution under s. 218.65.
273     (3)  The amount to be distributed to each fiscally
274constrained county shall be determined by the Department of
275Revenue at the beginning of the fiscal year, using the prior
276fiscal year's July 1 certified school taxable value, tax data,
277and population as defined in s. 218.21, and the millage rate
278levied for the prior fiscal year. The amount distributed shall
279be allocated based upon the following factors:
280     (a)  The relative revenue-raising-capacity factor shall be
281the ability of the eligible county to generate ad valorem
282revenues from 1 mill of taxation on a per capita basis. A county
283that raises no more than $25 per capita from 1 mill shall be
284assigned a value of 1; a county that raises more than $25 but no
285more than $30 per capita from 1 mill shall be assigned a value
286of 0.75; and a county that raises more than $30 but no more than
287$50 per capita from 1 mill shall be assigned a value of 0.5. No
288value shall be assigned to counties that raise more than $50 per
289capita from 1 mill of ad valorem taxation.
290     (b)  The local-effort factor shall be a measure of the
291relative level of local effort of the eligible county as
292indicated by the millage rate levied for the prior fiscal year.
293The local-effort factor shall be the most recently adopted
294countywide operating millage rate for each eligible county
295multiplied by 0.1.
296     (c)  Each eligible county's proportional allocation of the
297total amount available to be distributed to all of the eligible
298counties shall be in the same proportion as the sum of the
299county's two factors is to the sum of the two factors for all
300eligible counties. The counties that are eligible to receive an
301allocation under this subsection and the amount available to be
302distributed to such counties shall not include counties
303participating in the phaseout period under subsection (4) or the
304amounts they remain eligible to receive during the phaseout.
305     (4)  For those counties that no longer qualify under the
306requirements of subsection (1) after the effective date of this
307act, there shall be a 2-year phaseout period. Beginning on July
3081 of the year following the year in which the value of a mill
309for that county exceeds $5 million in revenue, the county shall
310receive two-thirds of the amount received in the prior year, and
311beginning on July 1 of the second year following the year in
312which the value of a mill for that county exceeds $5 million in
313revenue, the county shall receive one-third of the amount
314received in the last year that the county qualified as a
315fiscally constrained county. Following the 2-year phaseout
316period, the county shall no longer be eligible to receive any
317distributions under this section unless the county can be
318considered a fiscally constrained county as provided in
319subsection (1).
320     (5)  The revenues received under this section may be used
321by a county for any public purpose, except that such revenues
322may not be used to pay debt service on bonds, notes,
323certificates of participation, or any other forms of
325     Section 4.  Subsection (6) of section 288.1169, Florida
326Statutes, is amended to read:
327     288.1169  International Game Fish Association World Center
329     (6)  The Department of Commerce must recertify every 10
330years that the facility is open, that the International Game
331Fish Association World Center continues to be the only
332international administrative headquarters, fishing museum, and
333Hall of Fame in the United States recognized by the
334International Game Fish Association, and that the project is
335meeting the minimum projections for attendance or sales tax
336revenues as required at the time of original certification. If
337the facility is not recertified during this 10-year review as
338meeting the minimum projections, then funding will be abated
339until certification criteria are met. If the project fails to
340generate $1 million of annual revenues pursuant to paragraph
341(2)(e), the distribution of revenues pursuant to s.
342212.20(6)(d)8.d. 212.20(6)(d)7.d. shall be reduced to an amount
343equal to $83,333 multiplied by a fraction, the numerator of
344which is the actual revenues generated and the denominator of
345which is $1 million. Such reduction shall remain in effect until
346revenues generated by the project in a 12-month period equal or
347exceed $1 million.
348     Section 5.  Paragraph (b) of subsection (2) of section
349985.2155, Florida Statutes, is amended to read:
350     985.2155  Shared county and state responsibility for
351juvenile detention.--
352     (2)  As used in this section, the term:
353     (b)  "Fiscally constrained county" means a county
354designated as a rural area of critical economic concern under s.
355288.0656 for which the value of a mill in the county is no more
356than $5 $3 million, based on the property valuations and tax
357data annually published by the Department of Revenue under s.
359     Section 6.  This act shall take effect July 1, 2006.

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