| 1 | A bill to be entitled |
| 2 | An act relating to the personal needs allowance; amending |
| 3 | s. 409.904, F.S.; increasing the monthly personal needs |
| 4 | allowance for certain eligible persons; amending s. |
| 5 | 212.02, F.S.; revising the definition of the term |
| 6 | "admissions" to include application to establishments |
| 7 | offering, advertising, or engaging in adult entertainment |
| 8 | services for purposes of imposing the sales and use tax; |
| 9 | creating s. 561.1107, F.S.; requiring the Division of |
| 10 | Alcoholic Beverages and Tobacco to report to the |
| 11 | Department of Revenue persons or establishments licensed |
| 12 | under the Beverage Law that offer such services and do not |
| 13 | have a sales tax dealer's certificate of registration |
| 14 | displayed; providing for appropriating tax revenues from |
| 15 | sales of admissions to establishments providing adult |
| 16 | entertainment services for purposes of increasing the |
| 17 | monthly personal needs allowance; providing an effective |
| 18 | date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Paragraph (a) of subsection (3) of section |
| 23 | 409.904, Florida Statutes, is amended to read: |
| 24 | 409.904 Optional payments for eligible persons.--The |
| 25 | agency may make payments for medical assistance and related |
| 26 | services on behalf of the following persons who are determined |
| 27 | to be eligible subject to the income, assets, and categorical |
| 28 | eligibility tests set forth in federal and state law. Payment on |
| 29 | behalf of these Medicaid eligible persons is subject to the |
| 30 | availability of moneys and any limitations established by the |
| 31 | General Appropriations Act or chapter 216. |
| 32 | (3) A person who is in need of the services of a licensed |
| 33 | nursing facility, a licensed intermediate care facility for the |
| 34 | developmentally disabled, or a state mental hospital, whose |
| 35 | income does not exceed 300 percent of the SSI income standard, |
| 36 | and who meets the assets standards established under federal and |
| 37 | state law. In determining the person's responsibility for the |
| 38 | cost of care, the following amounts must be deducted from the |
| 39 | person's income: |
| 40 | (a) The monthly personal allowance for residents, which |
| 41 | shall be $70 per month as set based on appropriations. |
| 42 | Section 2. Subsection (1) of section 212.02, Florida |
| 43 | Statutes, is amended, and subsection (34) is added to that |
| 44 | section, to read: |
| 45 | 212.02 Definitions.--The following terms and phrases when |
| 46 | used in this chapter have the meanings ascribed to them in this |
| 47 | section, except where the context clearly indicates a different |
| 48 | meaning: |
| 49 | (1) The term "admissions" means and includes the net sum |
| 50 | of money after deduction of any federal taxes for admitting a |
| 51 | person or vehicle or persons to any place of amusement, sport, |
| 52 | or recreation or for the privilege of entering or staying in any |
| 53 | place of amusement, sport, or recreation, including, but not |
| 54 | limited to, theaters, outdoor theaters, shows, exhibitions, |
| 55 | games, races; any establishment offering, advertising, or |
| 56 | engaged in adult entertainment services;, or any place where |
| 57 | charge is made by way of sale of tickets, gate charges, seat |
| 58 | charges, box charges, season pass charges, cover charges, greens |
| 59 | fees, participation fees, entrance fees, or other fees or |
| 60 | receipts of anything of value measured on an admission or |
| 61 | entrance or length of stay or seat box accommodations in any |
| 62 | place where there is any exhibition, amusement, sport, or |
| 63 | recreation, and all dues and fees paid to private clubs and |
| 64 | membership clubs providing recreational or physical fitness |
| 65 | facilities, including, but not limited to, golf, tennis, |
| 66 | swimming, yachting, boating, athletic, exercise, and fitness |
| 67 | facilities, except physical fitness facilities owned or operated |
| 68 | by any hospital licensed under chapter 395. |
| 69 | (34) "Adult entertainment services" include lingerie, |
| 70 | bikini, or nude modeling; body shampoos or scrubs; private |
| 71 | shower shows; peep shows; nude, seminude, or topless dancing; |
| 72 | nude, seminude, or topless waitressing; lap, friction, couch, or |
| 73 | table dancing; erotic massages or performances; nude photo |
| 74 | sessions; and personal escort services. |
| 75 | Section 3. Section 561.1107, Florida Statutes, is created |
| 76 | to read: |
| 77 | 561.1107 Inspection of licensed premises; adult |
| 78 | entertainment services.--In conducting inspections of |
| 79 | establishments licensed under the Beverage Law, the division |
| 80 | shall determine if each establishment offering, advertising, or |
| 81 | engaged in adult entertainment services as defined by s. 212.02 |
| 82 | that is licensed by the division is properly registered with the |
| 83 | Department of Revenue. Each month, the division shall report to |
| 84 | the Department of Revenue the name and address of any such |
| 85 | establishment that does not have a certificate of registration |
| 86 | conspicuously displayed as required by s. 212.18(3). |
| 87 | Section 4. Revenues from the sales tax imposed on adult |
| 88 | entertainment services admissions provided under s. 212.04, |
| 89 | Florida Statutes, shall be appropriated from the General Revenue |
| 90 | Fund to the Department of Children and Family Services for each |
| 91 | fiscal year, beginning with the 2008-2009 fiscal year, for the |
| 92 | increase in the personal care allowance provided under s. |
| 93 | 409.904(3)(a), Florida Statutes, made by this act. |
| 94 | Section 5. This act shall take effect July 1, 2008. |