Florida Senate - 2009                             CS for SB 1750
       
       
       
       By the Committee on General Government Appropriations; and
       Senator Baker
       
       
       
       601-03911-09                                          20091750c1
    1                        A bill to be entitled                      
    2         An act relating to the disposition of tax revenues;
    3         amending s. 212.20, F.S.; revising the disposition of
    4         the proceeds of certain taxes; reducing a distribution
    5         to the Ecosystem Management and Restoration Trust Fund
    6         and increasing a distribution to the General Revenue
    7         Fund; providing for reversion of statutory text of
    8         certain provisions; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (6) of section 212.20, Florida
   13  Statutes, is amended to read:
   14         212.20 Funds collected, disposition; additional powers of
   15  department; operational expense; refund of taxes adjudicated
   16  unconstitutionally collected.—
   17         (6) Distribution of all proceeds under this chapter and s.
   18  202.18(1)(b) and (2)(b) shall be as follows:
   19         (a) Proceeds from the convention development taxes
   20  authorized under s. 212.0305 shall be reallocated to the
   21  Convention Development Tax Clearing Trust Fund.
   22         (b) Proceeds from discretionary sales surtaxes imposed
   23  pursuant to ss. 212.054 and 212.055 shall be reallocated to the
   24  Discretionary Sales Surtax Clearing Trust Fund.
   25         (c) Proceeds from the fees imposed under ss. 212.05(1)(h)3.
   26  and 212.18(3) shall remain with the General Revenue Fund.
   27         (d) The proceeds of all other taxes and fees imposed
   28  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
   29  and (2)(b) shall be distributed as follows:
   30         1. In any fiscal year, the greater of $500 million, minus
   31  an amount equal to 4.6 percent of the proceeds of the taxes
   32  collected pursuant to chapter 201, or 5 percent of all other
   33  taxes and fees imposed pursuant to this chapter or remitted
   34  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
   35  monthly installments into the General Revenue Fund.
   36         2. After the distribution under subparagraph 1., the next
   37  two-tenths of one percent shall be transferred as follows:
   38         a.Fifty percent to the Ecosystem Management and
   39  Restoration Trust Fund to be used for water quality improvement
   40  and water restoration projects; and
   41         b.Fifty percent to the General Revenue Fund.
   42         3. After the distribution under subparagraphs 1. and 2.,
   43  8.814 percent of the amount remitted by a sales tax dealer
   44  located within a participating county pursuant to s. 218.61
   45  shall be transferred into the Local Government Half-cent Sales
   46  Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
   47  be transferred pursuant to this subparagraph to the Local
   48  Government Half-cent Sales Tax Clearing Trust Fund shall be
   49  reduced by 0.1 percent, and the department shall distribute this
   50  amount to the Public Employees Relations Commission Trust Fund
   51  less $5,000 each month, which shall be added to the amount
   52  calculated in subparagraph 4. and distributed accordingly.
   53         4. After the distribution under subparagraphs 1., 2., and
   54  3., 0.095 percent shall be transferred to the Local Government
   55  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
   56  to s. 218.65.
   57         5. After the distributions under subparagraphs 1., 2., 3.,
   58  and 4., 2.0440 percent of the available proceeds pursuant to
   59  this paragraph shall be transferred monthly to the Revenue
   60  Sharing Trust Fund for Counties pursuant to s. 218.215.
   61         6. After the distributions under subparagraphs 1., 2., 3.,
   62  and 4., 1.3409 percent of the available proceeds pursuant to
   63  this paragraph shall be transferred monthly to the Revenue
   64  Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
   65  the total revenue to be distributed pursuant to this
   66  subparagraph is at least as great as the amount due from the
   67  Revenue Sharing Trust Fund for Municipalities and the former
   68  Municipal Financial Assistance Trust Fund in state fiscal year
   69  1999-2000, no municipality shall receive less than the amount
   70  due from the Revenue Sharing Trust Fund for Municipalities and
   71  the former Municipal Financial Assistance Trust Fund in state
   72  fiscal year 1999-2000. If the total proceeds to be distributed
   73  are less than the amount received in combination from the
   74  Revenue Sharing Trust Fund for Municipalities and the former
   75  Municipal Financial Assistance Trust Fund in state fiscal year
   76  1999-2000, each municipality shall receive an amount
   77  proportionate to the amount it was due in state fiscal year
   78  1999-2000.
   79         7. Of the remaining proceeds:
   80         a. In each fiscal year, the sum of $29,915,500 shall be
   81  divided into as many equal parts as there are counties in the
   82  state, and one part shall be distributed to each county. The
   83  distribution among the several counties shall begin each fiscal
   84  year on or before January 5th and shall continue monthly for a
   85  total of 4 months. If a local or special law required that any
   86  moneys accruing to a county in fiscal year 1999-2000 under the
   87  then-existing provisions of s. 550.135 be paid directly to the
   88  district school board, special district, or a municipal
   89  government, such payment shall continue until such time that the
   90  local or special law is amended or repealed. The state covenants
   91  with holders of bonds or other instruments of indebtedness
   92  issued by local governments, special districts, or district
   93  school boards prior to July 1, 2000, that it is not the intent
   94  of this subparagraph to adversely affect the rights of those
   95  holders or relieve local governments, special districts, or
   96  district school boards of the duty to meet their obligations as
   97  a result of previous pledges or assignments or trusts entered
   98  into which obligated funds received from the distribution to
   99  county governments under then-existing s. 550.135. This
  100  distribution specifically is in lieu of funds distributed under
  101  s. 550.135 prior to July 1, 2000.
  102         b. The department shall distribute $166,667 monthly
  103  pursuant to s. 288.1162 to each applicant that has been
  104  certified as a “facility for a new professional sports
  105  franchise” or a “facility for a retained professional sports
  106  franchise” pursuant to s. 288.1162. Up to $41,667 shall be
  107  distributed monthly by the department to each applicant that has
  108  been certified as a “facility for a retained spring training
  109  franchise” pursuant to s. 288.1162; however, not more than
  110  $416,670 may be distributed monthly in the aggregate to all
  111  certified facilities for a retained spring training franchise.
  112  Distributions shall begin 60 days following such certification
  113  and shall continue for not more than 30 years. Nothing contained
  114  in this paragraph shall be construed to allow an applicant
  115  certified pursuant to s. 288.1162 to receive more in
  116  distributions than actually expended by the applicant for the
  117  public purposes provided for in s. 288.1162(6).
  118         c. Beginning 30 days after notice by the Office of Tourism,
  119  Trade, and Economic Development to the Department of Revenue
  120  that an applicant has been certified as the professional golf
  121  hall of fame pursuant to s. 288.1168 and is open to the public,
  122  $166,667 shall be distributed monthly, for up to 300 months, to
  123  the applicant.
  124         d. Beginning 30 days after notice by the Office of Tourism,
  125  Trade, and Economic Development to the Department of Revenue
  126  that the applicant has been certified as the International Game
  127  Fish Association World Center facility pursuant to s. 288.1169,
  128  and the facility is open to the public, $83,333 shall be
  129  distributed monthly, for up to 168 months, to the applicant.
  130  This distribution is subject to reduction pursuant to s.
  131  288.1169. A lump sum payment of $999,996 shall be made, after
  132  certification and before July 1, 2000.
  133         8. All other proceeds shall remain with the General Revenue
  134  Fund.
  135         Section 2. The amendments to s. 212.20(6), Florida
  136  Statutes, made by this act shall expire July 1, 2014, and the
  137  text of that subsection shall revert to that in existence on
  138  June 30, 2009, except that any amendments to such text enacted
  139  other than by this act shall be preserved and continue to
  140  operate to the extent that such amendments are not dependent
  141  upon the portions of such text which expire pursuant to this
  142  section.
  143         Section 3. This act shall take effect July 1, 2009.