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A bill to be entitled

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An act relating to the personal needs allowance; amending

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s. 409.904, F.S.; increasing the monthly personal needs

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allowance for certain eligible persons; amending s.

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212.02, F.S.; revising the definition of the term

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"admissions" to include application to establishments

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offering, advertising, or engaging in adult entertainment

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services for purposes of imposing the sales and use tax;

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creating s. 561.1107, F.S.; requiring the Division of

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Alcoholic Beverages and Tobacco to report to the

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Department of Revenue persons or establishments licensed

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under the Beverage Law that offer such services and do not

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have a sales tax dealer's certificate of registration

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displayed; providing for appropriating tax revenues from

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sales of admissions to establishments providing adult

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entertainment services for purposes of increasing the

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monthly personal needs allowance; providing an effective

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date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (a) of subsection (3) of section

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409.904, Florida Statutes, is amended to read:

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     409.904  Optional payments for eligible persons.--The agency

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may make payments for medical assistance and related services on

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behalf of the following persons who are determined to be eligible

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subject to the income, assets, and categorical eligibility tests

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set forth in federal and state law. Payment on behalf of these

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Medicaid eligible persons is subject to the availability of

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moneys and any limitations established by the General

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Appropriations Act or chapter 216.

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     (3)  A person who is in need of the services of a licensed

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nursing facility, a licensed intermediate care facility for the

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developmentally disabled, or a state mental hospital, whose

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income does not exceed 300 percent of the SSI income standard,

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and who meets the assets standards established under federal and

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state law. In determining the person's responsibility for the

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cost of care, the following amounts must be deducted from the

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person's income:

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     (a) The monthly personal allowance for residents, which

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shall be $70 per month as set based on appropriations.

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     Section 2.  Subsection (1) of section 212.02, Florida

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Statutes, is amended, and subsection (34) is added to that

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section, to read:

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     212.02  Definitions.--The following terms and phrases when

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used in this chapter have the meanings ascribed to them in this

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section, except where the context clearly indicates a different

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meaning:

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     (1)  The term "admissions" means and includes the net sum of

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money after deduction of any federal taxes for admitting a person

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or vehicle or persons to any place of amusement, sport, or

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recreation or for the privilege of entering or staying in any

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place of amusement, sport, or recreation, including, but not

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limited to, theaters, outdoor theaters, shows, exhibitions,

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games, races; any establishment offering, advertising, or engaged

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in adult entertainment services;, or any place where charge is

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made by way of sale of tickets, gate charges, seat charges, box

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charges, season pass charges, cover charges, greens fees,

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participation fees, entrance fees, or other fees or receipts of

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anything of value measured on an admission or entrance or length

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of stay or seat box accommodations in any place where there is

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any exhibition, amusement, sport, or recreation, and all dues and

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fees paid to private clubs and membership clubs providing

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recreational or physical fitness facilities, including, but not

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limited to, golf, tennis, swimming, yachting, boating, athletic,

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exercise, and fitness facilities, except physical fitness

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facilities owned or operated by any hospital licensed under

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chapter 395.

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     (34) "Adult entertainment services" include lingerie,

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bikini, or nude modeling; body shampoos or scrubs; private shower

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shows; peep shows; nude, seminude, or topless dancing; nude,

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seminude, or topless waitressing; lap, friction, couch, or table

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dancing; erotic massages or performances; nude photo sessions;

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and personal escort services.

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     Section 3.  Section 561.1107, Florida Statutes, is created

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to read:

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     561.1107 Inspection of licensed premises; adult

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entertainment services.--In conducting inspections of

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establishments licensed under the Beverage Law, the division

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shall determine if each establishment offering, advertising, or

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engaged in adult entertainment services as defined by s. 212.02

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that is licensed by the division is properly registered with the

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Department of Revenue. Each month, the division shall report to

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the Department of Revenue the name and address of any such

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establishment that does not have a certificate of registration

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conspicuously displayed as required by s. 212.18(3).

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     Section 4. Revenues from the sales tax imposed on adult

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entertainment services admissions provided under s. 212.04,

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Florida Statutes, shall be appropriated from the General Revenue

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Fund to the Department of Children and Family Services for each

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fiscal year, beginning with the 2008-2009 fiscal year, for the

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increase in the personal care allowance provided under s.

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409.904(3)(a), Florida Statutes, made by this act.

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     Section 5.  This act shall take effect July 1, 2008.