Amendment
Bill No. 7061

Amendment No. 895321

CHAMBER ACTION
Senate		House
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1	Representative(s) Bucher offered the following:
2
3	Amendment (with title amendment)
4	Remove line(s) 68-262 and insert:
5	6.7.  Of the remaining proceeds,:
6	a.  in each fiscal year, the sum of $29,915,500 shall be
7	divided into as many equal parts as there are counties in the
8	state, and one part shall be distributed to each county. The
9	distribution among the several counties shall begin each fiscal
10	year on or before January 5th and shall continue monthly for a
11	total of 4 months. If a local or special law required that any
12	moneys accruing to a county in fiscal year 1999-2000 under the
13	then-existing provisions of s. 550.135 be paid directly to the
14	district school board, special district, or a municipal
15	government, such payment shall continue until such time that the
16	local or special law is amended or repealed. The state covenants
17	with holders of bonds or other instruments of indebtedness
18	issued by local governments, special districts, or district
19	school boards prior to July 1, 2000, that it is not the intent
20	of this subparagraph to adversely affect the rights of those
21	holders or relieve local governments, special districts, or
22	district school boards of the duty to meet their obligations as
23	a result of previous pledges or assignments or trusts entered
24	into which obligated funds received from the distribution to
25	county governments under then-existing s. 550.135. This
26	distribution specifically is in lieu of funds distributed under
27	s. 550.135 prior to July 1, 2000.
28	b.  The department shall distribute $166,667 monthly
29	pursuant to s. 288.1162 to each applicant that has been
30	certified as a "facility for a new professional sports
31	franchise" or a "facility for a retained professional sports
32	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
33	distributed monthly by the department to each applicant that has
34	been certified as a "facility for a retained spring training
35	franchise" pursuant to s. 288.1162; however, not more than
36	$416,670 may be distributed monthly in the aggregate to all
37	certified facilities for a retained spring training franchise.
38	Distributions shall begin 60 days following such certification
39	and shall continue for not more than 30 years. Nothing contained
40	in this paragraph shall be construed to allow an applicant
41	certified pursuant to s. 288.1162 to receive more in
42	distributions than actually expended by the applicant for the
43	public purposes provided for in s. 288.1162(6).
44	c.  Beginning 30 days after notice by the Office of
45	Tourism, Trade, and Economic Development to the Department of
46	Revenue that an applicant has been certified as the professional
47	golf hall of fame pursuant to s. 288.1168 and is open to the
48	public, $166,667 shall be distributed monthly, for up to 300
49	months, to the applicant.
50	d.  Beginning 30 days after notice by the Office of
51	Tourism, Trade, and Economic Development to the Department of
52	Revenue that the applicant has been certified as the
53	International Game Fish Association World Center facility
54	pursuant to s. 288.1169, and the facility is open to the public,
55	$83,333 shall be distributed monthly, for up to 168 months, to
56	the applicant. This distribution is subject to reduction
57	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
58	made, after certification and before July 1, 2000.
59	7.8.  All other proceeds shall remain with the General
60	Revenue Fund.
61	Section 2.  Paragraph (a) of subsection (5) of section
62	11.45, Florida Statutes, is amended to read:
63	11.45  Definitions; duties; authorities; reports; rules.--
64	(5)  PETITION FOR AN AUDIT BY THE AUDITOR GENERAL.--
65	(a)  The Legislative Auditing Committee shall direct the
66	Auditor General to make an audit of any municipality whenever
67	petitioned to do so by at least 20 percent of the registered
68	electors in the last general election of that municipality
69	pursuant to this subsection. The supervisor of elections of the
70	county in which the municipality is located shall certify
71	whether or not the petition contains the signatures of at least
72	20 percent of the registered electors of the municipality. After
73	the completion of the audit, the Auditor General shall determine
74	whether the municipality has the fiscal resources necessary to
75	pay the cost of the audit. The municipality shall pay the cost
76	of the audit within 90 days after the Auditor General's
77	determination that the municipality has the available resources.
78	If the municipality fails to pay the cost of the audit, the
79	Department of Revenue shall, upon certification of the Auditor
80	General, withhold from that portion of the distribution pursuant
81	to s. 212.20(6)(d)5.6. which is distributable to such
82	municipality, a sum sufficient to pay the cost of the audit and
83	shall deposit that sum into the General Revenue Fund of the
84	state.
85	Section 3.  Paragraph (b) of subsection (2) of section
86	202.18, Florida Statutes, is amended to read:
87	202.18  Allocation and disposition of tax proceeds.--The
88	proceeds of the communications services taxes remitted under
89	this chapter shall be treated as follows:
90	(2)  The proceeds of the taxes remitted under s.
91	202.12(1)(b) shall be divided as follows:
92	(b)  Sixty-three percent of the remainder shall be
93	allocated to the state and distributed pursuant to s. 212.20(6),
94	except that the proceeds allocated pursuant to s.
95	212.20(6)(d)2.3. shall be prorated to the participating counties
96	in the same proportion as that month's collection of the taxes
97	and fees imposed pursuant to chapter 212 and paragraph (1)(b).
98	Section 4.  Subsection (3) of section 218.245, Florida
99	Statutes, is amended to read:
100	218.245  Revenue sharing; apportionment.--
101	(3)  Revenues attributed to the increase in distribution to
102	the Revenue Sharing Trust Fund for Municipalities pursuant to s.
103	212.20(6)(d)5.6. from 1.0715 percent to 1.3409 percent provided
104	in chapter 2003-402, Laws of Florida, shall be distributed to
105	each eligible municipality and any unit of local government
106	which is consolidated as provided by s. 9, Art. VIII of the
107	State Constitution of 1885, as preserved by s. 6(e), Art. VIII,
108	1968 revised constitution, as follows: each eligible local
109	government's allocation shall be based on the amount it received
110	from the half-cent sales tax under s. 218.61 in the prior state
111	fiscal year divided by the total receipts under s. 218.61 in the
112	prior state fiscal year for all eligible local governments;
113	provided, however, for the purpose of calculating this
114	distribution, the amount received from the half-cent sales tax
115	under s. 218.61 in the prior state fiscal year by a unit of
116	local government which is consolidated as provided by s. 9, Art.
117	VIII of the State Constitution of 1885, as amended, and as
118	preserved by s. 6(e), Art. VIII, of the Constitution as revised
119	in 1968, shall be reduced by 50 percent for such local
120	government and for the total receipts. For eligible
121	municipalities that began participating in the allocation of
122	half-cent sales tax under s. 218.61 in the previous state fiscal
123	year, their annual receipts shall be calculated by dividing
124	their actual receipts by the number of months they participated,
125	and the result multiplied by 12.
126	Section 5.  Subsections (5), (6), and (7) of section
127	218.65, Florida Statutes, are amended to read:
128	218.65  Emergency distribution.--
129	(5)  At the beginning of each fiscal year, the Department
130	of Revenue shall calculate a base allocation for each eligible
131	county equal to the difference between the current per capita
132	limitation times the county's population, minus prior year
133	ordinary distributions to the county pursuant to ss.
134	212.20(6)(d)2.3., 218.61, and 218.62. If moneys deposited into
135	the Local Government Half-cent Sales Tax Clearing Trust Fund
136	pursuant to s. 212.20(6)(d)3.4., excluding moneys appropriated
137	for supplemental distributions pursuant to subsection (8), for
138	the current year are less than or equal to the sum of the base
139	allocations, each eligible county shall receive a share of the
140	appropriated amount proportional to its base allocation. If the
141	deposited amount exceeds the sum of the base allocations, each
142	county shall receive its base allocation, and the excess
143	appropriated amount, less any amounts distributed under
144	subsection (6), shall be distributed equally on a per capita
145	basis among the eligible counties.
146	(6)  If moneys deposited in the Local Government Half-cent
147	Sales Tax Clearing Trust Fund pursuant to s. 212.20(6)(d)3.4.
148	exceed the amount necessary to provide the base allocation to
149	each eligible county, the moneys in the trust fund may be used
150	to provide a transitional distribution, as specified in this
151	subsection, to certain counties whose population has increased.
152	The transitional distribution shall be made available to each
153	county that qualified for a distribution under subsection (2) in
154	the prior year but does not, because of the requirements of
155	paragraph (2)(a), qualify for a distribution in the current
156	year. Beginning on July 1 of the year following the year in
157	which the county no longer qualifies for a distribution under
158	subsection (2), the county shall receive two-thirds of the
159	amount received in the prior year, and beginning July 1 of the
160	second year following the year in which the county no longer
161	qualifies for a distribution under subsection (2), the county
162	shall receive one-third of the amount it received in the last
163	year it qualified for the distribution under subsection (2). If
164	insufficient moneys are available in the Local Government Half-
165	cent Sales Tax Clearing Trust Fund to fully provide such a
166	transitional distribution to each county that meets the
167	eligibility criteria in this section, each eligible county shall
168	receive a share of the available moneys proportional to the
169	amount it would have received had moneys been sufficient to
170	fully provide such a transitional distribution to each eligible
171	county.
172	(7)  There is hereby annually appropriated from the Local
173	Government Half-cent Sales Tax Clearing Trust Fund the
174	distribution provided in s. 212.20(6)(d)3.4. to be used for
175	emergency and supplemental distributions pursuant to this
176	section.
177	Section 6.  Subsections (1), (2), and (9) of section
178	288.1162, Florida Statutes, are amended to read:
179	288.1162  Professional sports franchises; spring training
180	franchises; duties.--
181	(1)  The Office of Tourism, Trade, and Economic Development
182	shall serve as the state agency for screening applicants for
183	state funding pursuant to s. 212.20 and for certifying an
184	applicant as a "facility for a new professional sports
185	franchise," a "facility for a retained professional sports
186	franchise," or a "facility for a retained spring training
187	franchise."
188	(2)  The Office of Tourism, Trade, and Economic Development
189	shall develop rules for the receipt and processing of
190	applications for funding pursuant to s. 212.20.
191	(9)  An applicant is not qualified for certification under
192	this section if the franchise formed the basis for a previous
193	certification, unless the previous certification was withdrawn
194	by the facility or invalidated by the Office of Tourism, Trade,
195	and Economic Development or the Department of Commerce before
196	any funds were distributed pursuant to s. 212.20. This
197	subsection does not disqualify an applicant if the previous
198	certification occurred between May 23, 1993, and May 25, 1993;
199	however, any funds to be distributed pursuant to s. 212.20 for
200	the second certification shall be offset by the amount
201	distributed to the previous certified facility. Distribution of
202	funds for the second certification shall not be made until all
203	amounts payable for the first certification have been
204	distributed.
205	Section 7.  Subsection (1), paragraph (f) of subsection
206	(2), and subsections (3) and (6) of section 288.1168, Florida
207	Statutes, are amended to read:
208	288.1168  Professional golf hall of fame facility.--
209	(1)  The Department of Commerce shall serve as the state
210	agency for screening applicants for state funding pursuant to s.
211	212.20 and for certifying one applicant as the professional golf
212	hall of fame facility in the state.
213	(2)  Prior to certifying the professional golf hall of fame
214	facility, the Department of Commerce must determine that:
215	(f)  The applicant has submitted an agreement to provide $2
216	million annually in national and international media promotion
217	of the professional golf hall of fame facility, Florida, and
218	Florida tourism, through the PGA Tour, Inc., or its affiliates,
219	at the then-current commercial rate, during the period of time
220	that the facility receives funds pursuant to s. 212.20. The
221	Office of Tourism, Trade, and Economic Development and the PGA
222	Tour, Inc., or its affiliates, must agree annually on a
223	reasonable percentage of advertising specifically allocated for
224	generic Florida advertising. The Office of Tourism, Trade, and
225	Economic Development shall have final approval of all generic
226	advertising. Failure on the part of the PGA Tour, Inc., or its
227	affiliates to annually provide the advertising as provided in
228	this paragraph or subsection (6) shall result in the termination
229	of funding as provided in s. 212.20.
230	(3)  The applicant may use funds provided pursuant to s.
231	212.20 for the public purpose of paying for the construction,
232	reconstruction, renovation, or operation of the professional
233	golf hall of fame facility, or to pay or pledge for payment of
234	debt service on, or to fund debt service reserve funds,
235	arbitrage rebate obligations, or other amounts payable with
236	respect to, bonds issued for the construction, reconstruction,
237	or renovation of the facility or for the reimbursement of such
238	costs or the refinancing of bonds issued for such purpose.
239	(6)  The Office of Tourism, Trade, and Economic Development
240	must recertify every 10 years that the facility is open,
241	continues to be the only professional golf hall of fame in the
242	United States recognized by the PGA Tour, Inc., and is meeting
243	the minimum projections for attendance or sales tax revenue as
244	required at the time of original certification. If the facility
245	is not certified as meeting the minimum projections, the PGA
246	Tour, Inc., shall increase its required advertising contribution
247	of $2 million annually to $2.5 million annually in lieu of
248	reduction of any funds as provided by s. 212.20. The additional
249	$500,000 must be allocated in its entirety for the use and
250	promotion of generic Florida advertising as determined by the
251	Office of Tourism, Trade, and Economic Development. If the
252	facility is not open to the public or is no longer in use as the
253	only professional golf hall of fame in the United States
254	recognized by the PGA Tour, Inc., the entire $2.5 million for
255	advertising must be used for generic Florida advertising as
256	determined by the Office of Tourism, Trade, and Economic
257	Development.
258	Section 8.  Subsection (1), paragraph (g) of subsection
259	(2), and subsections (3) and (6) of section 288.1169, Florida
260	Statutes, are amended to read:
261	288.1169  International Game Fish Association World Center
262	facility.--
263	(1)  The Department of Commerce shall serve as the state
264	agency approving applicants for funding pursuant to s. 212.20
265	and for certifying the applicant as the International Game Fish
266	Association World Center facility. For purposes of this section,
267	"facility" means the International Game Fish Association World
268	Center, and "project" means the International Game Fish
269	Association World Center and new colocated improvements by
270	private sector concerns who have made cash or in-kind
271	contributions to the facility of $1 million or more.
272	(2)  Prior to certifying this facility, the department must
273	determine that:
274	(g)  The applicant has submitted an agreement to provide
275	$500,000 annually in national and international media promotion
276	of the facility, at the then-current commercial rates, during
277	the period of time that the facility receives funds pursuant to
278	s. 212.20. Failure on the part of the applicant to annually
279	provide the advertising as provided in this paragraph shall
280	result in the termination of the funding as provided in s.
281	212.20. The applicant can discharge its obligation under this
282	paragraph by contracting with other persons, including private
283	sector concerns who participate in the project.
284	(3)  The applicant may use funds provided pursuant to s.
285	212.20 for the purpose of paying for the construction,
286	reconstruction, renovation, promotion, or operation of the
287	facility, or to pay or pledge for payment of debt service on, or
288	to fund debt service reserve funds, arbitrage rebate
289	obligations, or other amounts payable with respect to, bonds
290	issued for the construction, reconstruction, or renovation of
291	the facility or for the reimbursement of such costs or by
292	refinancing of bonds issued for such purposes.
293	(6)  The Department of Commerce must recertify every 10
294	years that the facility is open, that the International Game
295	Fish Association World Center continues to be the only
296	international administrative headquarters, fishing museum, and
297	Hall of Fame in the United States recognized by the
298	International Game Fish Association, and that the project is
299	meeting the minimum projections for attendance or sales tax
300	revenues as required at the time of original certification. If
301	the facility is not recertified during this 10-year review as
302	meeting the minimum projections, then funding will be abated
303	until certification criteria are met. If the project fails to
304	generate $1 million of annual revenues pursuant to paragraph
305	(2)(e), the distribution of revenues pursuant to s.
306	212.20(6)(d)7.d. shall be reduced to an amount equal to $83,333
307	multiplied by a fraction, the numerator of which is the actual
308	revenues generated and the denominator of which is $1 million.
309	Such reduction shall remain in effect until revenues generated
310	by the project in a 12-month period equal or exceed $1 million.
311
312	======= T I T L E  A M E N D M E N T =======
313	Remove line(s) 5-7, and insert:
314	and other transactions; deleting provisions for distributions of
315	revenues to certain sports facilities, a professional golf hall
316	of fame, and an International Game Fish Association World Center
317	facility; amending ss. 11.45, 202.18, 218.245, and 218.65, F.S.;
318	conforming cross-references; amending ss. 288.1162, 288.1168,
319	and 288.1169, F.S., to conform; providing an effective date.

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