Florida Senate - 2008 SB 2322
By Senator Alexander
17-03546A-08 20082322__
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A bill to be entitled
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An act relating to sales and use tax distribution;
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amending s. 212.20, F.S.; extending the period that a
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portion of the proceeds of the sales and use tax is
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distributed to the applicant that is certified by the
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Office of Tourism, Trade, and Economic Development as the
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International Game Fish Association World Center facility;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (d) of subsection (6) of section
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212.20, Florida Statutes, is amended to read:
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212.20 Funds collected, disposition; additional powers of
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department; operational expense; refund of taxes adjudicated
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unconstitutionally collected.--
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(6) Distribution of all proceeds under this chapter and s.
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202.18(1)(b) and (2)(b) shall be as follows:
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(d) The proceeds of all other taxes and fees imposed
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pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
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and (2)(b) shall be distributed as follows:
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1. In any fiscal year, the greater of $500 million, minus
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an amount equal to 4.6 percent of the proceeds of the taxes
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collected pursuant to chapter 201, or 5 percent of all other
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taxes and fees imposed pursuant to this chapter or remitted
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pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
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monthly installments into the General Revenue Fund.
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2. Two-tenths of one percent shall be transferred to the
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Ecosystem Management and Restoration Trust Fund to be used for
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water quality improvement and water restoration projects.
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3. After the distribution under subparagraphs 1. and 2.,
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8.814 percent of the amount remitted by a sales tax dealer
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located within a participating county pursuant to s. 218.61 shall
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be transferred into the Local Government Half-cent Sales Tax
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Clearing Trust Fund. Beginning July 1, 2003, the amount to be
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transferred pursuant to this subparagraph to the Local Government
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Half-cent Sales Tax Clearing Trust Fund shall be reduced by 0.1
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percent, and the department shall distribute this amount to the
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Public Employees Relations Commission Trust Fund less $5,000 each
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month, which shall be added to the amount calculated in
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subparagraph 4. and distributed accordingly.
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4. After the distribution under subparagraphs 1., 2., and
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3., 0.095 percent shall be transferred to the Local Government
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Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
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to s. 218.65.
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5. After the distributions under subparagraphs 1., 2., 3.,
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and 4., 2.0440 percent of the available proceeds pursuant to this
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paragraph shall be transferred monthly to the Revenue Sharing
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Trust Fund for Counties pursuant to s. 218.215.
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6. After the distributions under subparagraphs 1., 2., 3.,
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and 4., 1.3409 percent of the available proceeds pursuant to this
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paragraph shall be transferred monthly to the Revenue Sharing
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Trust Fund for Municipalities pursuant to s. 218.215. If the
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total revenue to be distributed pursuant to this subparagraph is
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at least as great as the amount due from the Revenue Sharing
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Trust Fund for Municipalities and the former Municipal Financial
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Assistance Trust Fund in state fiscal year 1999-2000, no
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municipality shall receive less than the amount due from the
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Revenue Sharing Trust Fund for Municipalities and the former
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Municipal Financial Assistance Trust Fund in state fiscal year
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1999-2000. If the total proceeds to be distributed are less than
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the amount received in combination from the Revenue Sharing Trust
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Fund for Municipalities and the former Municipal Financial
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Assistance Trust Fund in state fiscal year 1999-2000, each
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municipality shall receive an amount proportionate to the amount
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it was due in state fiscal year 1999-2000.
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7. Of the remaining proceeds:
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a. In each fiscal year, the sum of $29,915,500 shall be
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divided into as many equal parts as there are counties in the
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state, and one part shall be distributed to each county. The
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distribution among the several counties shall begin each fiscal
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year on or before January 5th and shall continue monthly for a
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total of 4 months. If a local or special law required that any
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moneys accruing to a county in fiscal year 1999-2000 under the
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then-existing provisions of s. 550.135 be paid directly to the
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district school board, special district, or a municipal
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government, such payment shall continue until such time that the
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local or special law is amended or repealed. The state covenants
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with holders of bonds or other instruments of indebtedness issued
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by local governments, special districts, or district school
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boards prior to July 1, 2000, that it is not the intent of this
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subparagraph to adversely affect the rights of those holders or
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relieve local governments, special districts, or district school
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boards of the duty to meet their obligations as a result of
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previous pledges or assignments or trusts entered into which
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obligated funds received from the distribution to county
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governments under then-existing s. 550.135. This distribution
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specifically is in lieu of funds distributed under s. 550.135
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prior to July 1, 2000.
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b. The department shall distribute $166,667 monthly
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pursuant to s. 288.1162 to each applicant that has been certified
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as a "facility for a new professional sports franchise" or a
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"facility for a retained professional sports franchise" pursuant
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to s. 288.1162. Up to $41,667 shall be distributed monthly by the
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department to each applicant that has been certified as a
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"facility for a retained spring training franchise" pursuant to
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s. 288.1162; however, not more than $416,670 may be distributed
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monthly in the aggregate to all certified facilities for a
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retained spring training franchise. Distributions shall begin 60
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days following such certification and shall continue for not more
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than 30 years. Nothing contained in this paragraph shall be
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construed to allow an applicant certified pursuant to s. 288.1162
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to receive more in distributions than actually expended by the
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applicant for the public purposes provided for in s. 288.1162(6).
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c. Beginning 30 days after notice by the Office of Tourism,
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Trade, and Economic Development to the Department of Revenue that
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an applicant has been certified as the professional golf hall of
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fame pursuant to s. 288.1168 and is open to the public, $166,667
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shall be distributed monthly, for up to 300 months, to the
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applicant.
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d. Beginning 30 days after notice by the Office of Tourism,
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Trade, and Economic Development to the Department of Revenue that
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the applicant has been certified as the International Game Fish
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Association World Center facility pursuant to s. 288.1169, and
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the facility is open to the public, $83,333 shall be distributed
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monthly, for up to 288 168 months, to the applicant. This
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distribution is subject to reduction pursuant to s. 288.1169. A
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lump sum payment of $999,996 shall be made, after certification
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and before July 1, 2000.
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8. All other proceeds shall remain with the General Revenue
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Fund.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.