HB 1353

1
A bill to be entitled
2An act relating to local government finances; amending s.
3218.21, F.S.; deleting a time limitation on certain
4increases to guaranteed entitlement to certain state
5revenue sharing for certain municipalities; amending s.
6318.18, F.S.; saving from repeal a local government
7surcharge on penalties for noncriminal dispositions;
8repealing s. 95, ch. 2003-402, Laws of Florida, relating
9to the removal of certain increases to guaranteed
10entitlement; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (6) of section 218.21, Florida
15Statutes, is amended to read:
16     218.21  Definitions.--As used in this part, the following
17words and terms shall have the meanings ascribed them in this
18section, except where the context clearly indicates a different
19meaning:
20     (6)  "Guaranteed entitlement" means the amount of revenue
21which must be shared with an eligible unit of local government
22so that:
23     (a)  No eligible county shall receive less funds from the
24Revenue Sharing Trust Fund for Counties in any fiscal year than
25the amount received in the aggregate from the state in fiscal
26year 1971-1972 under the provisions of the then-existing s.
27210.20(2)(c), tax on cigarettes; the then-existing s. 323.16(4),
28road tax; and the then-existing s. 199.292(4), tax on intangible
29personal property.
30     (b)  No eligible municipality shall receive less funds from
31the Revenue Sharing Trust Fund for Municipalities in any fiscal
32year than the aggregate amount it received from the state in
33fiscal year 1971-1972 under the provisions of the then-existing
34s. 210.20(2)(a), tax on cigarettes; the then-existing s.
35323.16(3), road tax; and s. 206.605, tax on motor fuel. Any
36government exercising municipal powers under s. 6(f), Art. VIII
37of the State Constitution may not receive less than the
38aggregate amount it received from the Revenue Sharing Trust Fund
39for Municipalities in the preceding fiscal year, plus, through
40fiscal year 2008-2009, a percentage increase in such amount
41equal to the percentage increase of the Revenue Sharing Trust
42Fund for Municipalities for the preceding fiscal year.
43     Section 2.  Subsection (14) of section 318.18, Florida
44Statutes, is amended to read:
45     318.18  Amount of civil penalties.--The penalties required
46for a noncriminal disposition pursuant to s. 318.14 are as
47follows:
48     (14)  In addition to any penalties imposed for noncriminal
49traffic infractions under this chapter or imposed for criminal
50violations listed in s. 318.17, any unit of local government
51that is consolidated as provided by s. 9, Art. VIII of the State
52Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
53State Constitution of 1968, and that is granted the authority in
54the State Constitution to exercise all the powers of a municipal
55corporation, and any unit of local government operating under a
56home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
57VIII of the State Constitution of 1885, as preserved by s. 6(e),
58Art. VIII of the State Constitution of 1968, that is granted the
59authority in the State Constitution to exercise all the powers
60conferred now or hereafter by general law upon municipalities,
61may impose by ordinance a surcharge of up to $15 for any
62infraction or violation. Revenue from the surcharge shall be
63transferred to such unit of local government for the purpose of
64replacing fine revenue deposited into the clerk's fine and
65forfeiture fund under s. 142.01. The court may not waive this
66surcharge. Proceeds from the imposition of the surcharge
67authorized in this subsection shall not be used for the purpose
68of securing payment of the principal and interest on bonds. This
69subsection, and any surcharge imposed pursuant to this
70subsection, shall stand repealed September 30, 2007.
71     Section 3.  Section 95 of chapter 2003-402, Laws of
72Florida, is repealed.
73     Section 4.  This act shall take effect July 1, 2007.


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