| 1 | A bill to be entitled |
| 2 | An act relating to local government finances; amending s. |
| 3 | 218.21, F.S.; deleting a time limitation on certain |
| 4 | increases to guaranteed entitlement to certain state |
| 5 | revenue sharing for certain municipalities; amending s. |
| 6 | 318.18, F.S.; saving from repeal a local government |
| 7 | surcharge on penalties for noncriminal dispositions; |
| 8 | repealing s. 95, ch. 2003-402, Laws of Florida, relating |
| 9 | to the removal of certain increases to guaranteed |
| 10 | entitlement; providing an effective date. |
| 11 |
|
| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
|
| 14 | Section 1. Subsection (6) of section 218.21, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 218.21 Definitions.--As used in this part, the following |
| 17 | words and terms shall have the meanings ascribed them in this |
| 18 | section, except where the context clearly indicates a different |
| 19 | meaning: |
| 20 | (6) "Guaranteed entitlement" means the amount of revenue |
| 21 | which must be shared with an eligible unit of local government |
| 22 | so that: |
| 23 | (a) No eligible county shall receive less funds from the |
| 24 | Revenue Sharing Trust Fund for Counties in any fiscal year than |
| 25 | the amount received in the aggregate from the state in fiscal |
| 26 | year 1971-1972 under the provisions of the then-existing s. |
| 27 | 210.20(2)(c), tax on cigarettes; the then-existing s. 323.16(4), |
| 28 | road tax; and the then-existing s. 199.292(4), tax on intangible |
| 29 | personal property. |
| 30 | (b) No eligible municipality shall receive less funds from |
| 31 | the Revenue Sharing Trust Fund for Municipalities in any fiscal |
| 32 | year than the aggregate amount it received from the state in |
| 33 | fiscal year 1971-1972 under the provisions of the then-existing |
| 34 | s. 210.20(2)(a), tax on cigarettes; the then-existing s. |
| 35 | 323.16(3), road tax; and s. 206.605, tax on motor fuel. Any |
| 36 | government exercising municipal powers under s. 6(f), Art. VIII |
| 37 | of the State Constitution may not receive less than the |
| 38 | aggregate amount it received from the Revenue Sharing Trust Fund |
| 39 | for Municipalities in the preceding fiscal year, plus, through |
| 40 | fiscal year 2008-2009, a percentage increase in such amount |
| 41 | equal to the percentage increase of the Revenue Sharing Trust |
| 42 | Fund for Municipalities for the preceding fiscal year. |
| 43 | Section 2. Subsection (14) of section 318.18, Florida |
| 44 | Statutes, is amended to read: |
| 45 | 318.18 Amount of civil penalties.--The penalties required |
| 46 | for a noncriminal disposition pursuant to s. 318.14 are as |
| 47 | follows: |
| 48 | (14) In addition to any penalties imposed for noncriminal |
| 49 | traffic infractions under this chapter or imposed for criminal |
| 50 | violations listed in s. 318.17, any unit of local government |
| 51 | that is consolidated as provided by s. 9, Art. VIII of the State |
| 52 | Constitution of 1885, as preserved by s. 6(e), Art. VIII of the |
| 53 | State Constitution of 1968, and that is granted the authority in |
| 54 | the State Constitution to exercise all the powers of a municipal |
| 55 | corporation, and any unit of local government operating under a |
| 56 | home rule charter adopted pursuant to ss. 10, 11, and 24, Art. |
| 57 | VIII of the State Constitution of 1885, as preserved by s. 6(e), |
| 58 | Art. VIII of the State Constitution of 1968, that is granted the |
| 59 | authority in the State Constitution to exercise all the powers |
| 60 | conferred now or hereafter by general law upon municipalities, |
| 61 | may impose by ordinance a surcharge of up to $15 for any |
| 62 | infraction or violation. Revenue from the surcharge shall be |
| 63 | transferred to such unit of local government for the purpose of |
| 64 | replacing fine revenue deposited into the clerk's fine and |
| 65 | forfeiture fund under s. 142.01. The court may not waive this |
| 66 | surcharge. Proceeds from the imposition of the surcharge |
| 67 | authorized in this subsection shall not be used for the purpose |
| 68 | of securing payment of the principal and interest on bonds. This |
| 69 | subsection, and any surcharge imposed pursuant to this |
| 70 | subsection, shall stand repealed September 30, 2007. |
| 71 | Section 3. Section 95 of chapter 2003-402, Laws of |
| 72 | Florida, is repealed. |
| 73 | Section 4. This act shall take effect July 1, 2007. |