1 | A bill to be entitled |
2 | An act relating to the tax on sales, use, and other |
3 | transactions; amending s. 212.20, F.S.; revising the |
4 | percentages for distributing certain proceeds of taxes and |
5 | fees imposed under ch. 212, F.S., and a portion of the |
6 | communications services tax; deleting an obsolete |
7 | provision; amending ss. 202.18 and 218.65, F.S.; |
8 | conforming cross-references; providing an effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Paragraph (d) of subsection (6) of section |
13 | 212.20, Florida Statutes, is amended to read: |
14 | 212.20 Funds collected, disposition; additional powers of |
15 | department; operational expense; refund of taxes adjudicated |
16 | unconstitutionally collected.-- |
17 | (6) Distribution of all proceeds under this chapter and s. |
18 | 202.18(1)(b) and (2)(b) shall be as follows: |
19 | (d) The proceeds of all other taxes and fees imposed |
20 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
21 | and (2)(b) shall be distributed as follows: |
22 | 1. In any fiscal year, the greater of $500 million, minus |
23 | an amount equal to 4.6 percent of the proceeds of the taxes |
24 | collected pursuant to chapter 201, or 5 percent of all other |
25 | taxes and fees imposed pursuant to this chapter or remitted |
26 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
27 | monthly installments into the General Revenue Fund. |
28 | 1.2. Two-tenths of one percent shall be transferred to the |
29 | Ecosystem Management and Restoration Trust Fund to be used for |
30 | water quality improvement and water restoration projects. |
31 | 2.3. Seven and seven hundred ninety-seven thousandths |
32 | After the distribution under subparagraphs 1. and 2., 8.814 |
33 | percent of the amount remitted by a sales tax dealer located |
34 | within a participating county pursuant to s. 218.61 shall be |
35 | transferred into the Local Government Half-cent Sales Tax |
36 | Clearing Trust Fund. |
37 | 3. Seven thousandths percent shall be Beginning July 1, |
38 | 2003, the amount to be transferred pursuant to this subparagraph |
39 | to the Local Government Half-cent Sales Tax Clearing Trust Fund |
40 | shall be reduced by 0.1 percent, and the department shall |
41 | distribute this amount to the Public Employees Relations |
42 | Commission Trust Fund less $5,000 each month, which shall be |
43 | added to the amount calculated in subparagraph 4. and |
44 | distributed accordingly. |
45 | 4. Eighty-three thousandths After the distribution under |
46 | subparagraphs 1., 2., and 3., 0.095 percent shall be transferred |
47 | to the Local Government Half-cent Sales Tax Clearing Trust Fund |
48 | and distributed pursuant to s. 218.65. |
49 | 5. One and seven hundred seventy-seven thousandths After |
50 | the distributions under subparagraphs 1., 2., 3., and 4., 2.0440 |
51 | percent of the available proceeds pursuant to this paragraph |
52 | shall be transferred monthly to the Revenue Sharing Trust Fund |
53 | for Counties pursuant to s. 218.215. |
54 | 6. One and one hundred sixty-five thousandths After the |
55 | distributions under subparagraphs 1., 2., 3., and 4., 1.3409 |
56 | percent of the available proceeds pursuant to this paragraph |
57 | shall be transferred monthly to the Revenue Sharing Trust Fund |
58 | for Municipalities pursuant to s. 218.215. If the total revenue |
59 | to be distributed pursuant to this subparagraph is at least as |
60 | great as the amount due from the Revenue Sharing Trust Fund for |
61 | Municipalities and the former Municipal Financial Assistance |
62 | Trust Fund in state fiscal year 1999-2000, no municipality shall |
63 | receive less than the amount due from the Revenue Sharing Trust |
64 | Fund for Municipalities and the former Municipal Financial |
65 | Assistance Trust Fund in state fiscal year 1999-2000. If the |
66 | total proceeds to be distributed are less than the amount |
67 | received in combination from the Revenue Sharing Trust Fund for |
68 | Municipalities and the former Municipal Financial Assistance |
69 | Trust Fund in state fiscal year 1999-2000, each municipality |
70 | shall receive an amount proportionate to the amount it was due |
71 | in state fiscal year 1999-2000. |
72 | 7. Of the remaining proceeds: |
73 | a. In each fiscal year, the sum of $29,915,500 shall be |
74 | divided into as many equal parts as there are counties in the |
75 | state, and one part shall be distributed to each county. The |
76 | distribution among the several counties shall begin each fiscal |
77 | year on or before January 5th and shall continue monthly for a |
78 | total of 4 months. If a local or special law required that any |
79 | moneys accruing to a county in fiscal year 1999-2000 under the |
80 | then-existing provisions of s. 550.135 be paid directly to the |
81 | district school board, special district, or a municipal |
82 | government, such payment shall continue until such time that the |
83 | local or special law is amended or repealed. The state covenants |
84 | with holders of bonds or other instruments of indebtedness |
85 | issued by local governments, special districts, or district |
86 | school boards prior to July 1, 2000, that it is not the intent |
87 | of this subparagraph to adversely affect the rights of those |
88 | holders or relieve local governments, special districts, or |
89 | district school boards of the duty to meet their obligations as |
90 | a result of previous pledges or assignments or trusts entered |
91 | into which obligated funds received from the distribution to |
92 | county governments under then-existing s. 550.135. This |
93 | distribution specifically is in lieu of funds distributed under |
94 | s. 550.135 prior to July 1, 2000. |
95 | b. The department shall distribute $166,667 monthly |
96 | pursuant to s. 288.1162 to each applicant that has been |
97 | certified as a "facility for a new professional sports |
98 | franchise" or a "facility for a retained professional sports |
99 | franchise" pursuant to s. 288.1162. Up to $41,667 shall be |
100 | distributed monthly by the department to each applicant that has |
101 | been certified as a "facility for a retained spring training |
102 | franchise" pursuant to s. 288.1162; however, not more than |
103 | $208,335 may be distributed monthly in the aggregate to all |
104 | certified facilities for a retained spring training franchise. |
105 | Distributions shall begin 60 days following such certification |
106 | and shall continue for not more than 30 years. Nothing contained |
107 | in this paragraph shall be construed to allow an applicant |
108 | certified pursuant to s. 288.1162 to receive more in |
109 | distributions than actually expended by the applicant for the |
110 | public purposes provided for in s. 288.1162(6). However, a |
111 | certified applicant is entitled to receive distributions up to |
112 | the maximum amount allowable and undistributed under this |
113 | section for additional renovations and improvements to the |
114 | facility for the franchise without additional certification. |
115 | c. Beginning 30 days after notice by the Office of |
116 | Tourism, Trade, and Economic Development to the Department of |
117 | Revenue that an applicant has been certified as the professional |
118 | golf hall of fame pursuant to s. 288.1168 and is open to the |
119 | public, $166,667 shall be distributed monthly, for up to 300 |
120 | months, to the applicant. |
121 | d. Beginning 30 days after notice by the Office of |
122 | Tourism, Trade, and Economic Development to the Department of |
123 | Revenue that the applicant has been certified as the |
124 | International Game Fish Association World Center facility |
125 | pursuant to s. 288.1169, and the facility is open to the public, |
126 | $83,333 shall be distributed monthly, for up to 168 months, to |
127 | the applicant. This distribution is subject to reduction |
128 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall be |
129 | made, after certification and before July 1, 2000. |
130 | 8. All other proceeds shall remain with the General |
131 | Revenue Fund. |
132 | Section 2. Paragraph (b) of subsection (2) of section |
133 | 202.18, Florida Statutes, is amended to read: |
134 | 202.18 Allocation and disposition of tax proceeds.--The |
135 | proceeds of the communications services taxes remitted under |
136 | this chapter shall be treated as follows: |
137 | (2) The proceeds of the taxes remitted under s. |
138 | 202.12(1)(b) shall be divided as follows: |
139 | (b) Sixty-three percent of the remainder shall be |
140 | allocated to the state and distributed pursuant to s. 212.20(6), |
141 | except that the proceeds allocated pursuant to s. |
142 | 212.20(6)(d)2.3. shall be prorated to the participating counties |
143 | in the same proportion as that month's collection of the taxes |
144 | and fees imposed pursuant to chapter 212 and paragraph (1)(b). |
145 | Section 3. Subsections (5) and (6) of section 218.65, |
146 | Florida Statutes, are amended to read: |
147 | 218.65 Emergency distribution.-- |
148 | (5) At the beginning of each fiscal year, the Department |
149 | of Revenue shall calculate a base allocation for each eligible |
150 | county equal to the difference between the current per capita |
151 | limitation times the county's population, minus prior year |
152 | ordinary distributions to the county pursuant to ss. |
153 | 212.20(6)(d)2.3., 218.61, and 218.62. If moneys deposited into |
154 | the Local Government Half-cent Sales Tax Clearing Trust Fund |
155 | pursuant to s. 212.20(6)(d)3.4., excluding moneys appropriated |
156 | for supplemental distributions pursuant to subsection (7), for |
157 | the current year are less than or equal to the sum of the base |
158 | allocations, each eligible county shall receive a share of the |
159 | appropriated amount proportional to its base allocation. If the |
160 | deposited amount exceeds the sum of the base allocations, each |
161 | county shall receive its base allocation, and the excess |
162 | appropriated amount shall be distributed equally on a per capita |
163 | basis among the eligible counties. |
164 | (6) There is hereby annually appropriated from the Local |
165 | Government Half-cent Sales Tax Clearing Trust Fund the |
166 | distribution provided in s. 212.20(6)(d)3.4. to be used for |
167 | emergency and supplemental distributions pursuant to this |
168 | section. |
169 | Section 4. This act shall take effect July 1, 2006. |