Florida Senate - 2011                                    SB 1638
       
       
       
       By Senator Bennett
       
       
       
       
       21-01077-11                                           20111638__
    1                        A bill to be entitled                      
    2         An act relating to stimulating special event tourism
    3         and job creation; amending s. 212.20, F.S.; providing
    4         for the transfer of certain sales tax revenues from
    5         the General Revenue Fund to the Revenue Sharing Trust
    6         Fund for Counties; creating s. 218.213, F.S.;
    7         authorizing a county to designate certain time periods
    8         to hold special events designed to enhance tourism;
    9         authorizing a specified distribution from sales tax
   10         proceeds when an increase in sales tax collections is
   11         realized over the previous year by a county during the
   12         same designated time period; providing for a specified
   13         adjustment of the aggregate amount to be transferred
   14         from the General Revenue Fund to the Revenue Sharing
   15         Trust Fund for Counties; amending s. 218.23, F.S.;
   16         providing for a distribution from the Revenue Sharing
   17         Trust Fund for Counties to a county eligible for a
   18         distribution related to the holding of a special event
   19         during a designated time period; requiring a county
   20         receiving a distribution to distribute funds to
   21         certain units of local government within whose
   22         jurisdiction a special event was held during a
   23         designated time period; providing an effective date.
   24  
   25         WHEREAS, job creation is an important goal of Florida
   26  residents, and
   27         WHEREAS, along with growth and agriculture, tourism is one
   28  of the three pillars of Florida’s economy, and
   29         WHEREAS, tourism is possibly in the best position to grow
   30  jobs faster than any other sector of Florida’s economy, and
   31         WHEREAS, although special event tourism is popular with
   32  Florida’s businesses and visitors, it has not been widely
   33  supported by local governments and their residents, because
   34  special event tourism makes money for businesses but imposes
   35  additional costs on local governments and their taxpayers, and
   36         WHEREAS, there is little incentive for local governments or
   37  their taxpayers to support special event tourism because the
   38  sales tax is collected locally but redistributed by the state
   39  based upon population formulas that do not consider the costs
   40  incurred by the local governments where the sales tax was
   41  collected, and
   42         WHEREAS, local governments would be more willing to sponsor
   43  special events designed to increase tourism and create jobs or
   44  support sponsorship of special events by their businesses if the
   45  additional costs to government could be recovered and perhaps
   46  additional revenues exceeding those costs could be realized,
   47  NOW, THEREFORE,
   48  
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Subsection (6) of section 212.20, Florida
   52  Statutes, is amended to read:
   53         212.20 Funds collected, disposition; additional powers of
   54  department; operational expense; refund of taxes adjudicated
   55  unconstitutionally collected.—
   56         (6) Distribution of all proceeds under this chapter and s.
   57  202.18(1)(b) and (2)(b) shall be as follows:
   58         (a) Proceeds from the convention development taxes
   59  authorized under s. 212.0305 shall be reallocated to the
   60  Convention Development Tax Clearing Trust Fund.
   61         (b) Proceeds from discretionary sales surtaxes imposed
   62  pursuant to ss. 212.054 and 212.055 shall be reallocated to the
   63  Discretionary Sales Surtax Clearing Trust Fund.
   64         (c) Proceeds from the fees imposed under ss. 212.05(1)(h)3.
   65  and 212.18(3) shall remain with the General Revenue Fund.
   66         (d) The proceeds of all other taxes and fees imposed
   67  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
   68  and (2)(b) shall be distributed as follows:
   69         1. In any fiscal year, the greater of $500 million, minus
   70  an amount equal to 4.6 percent of the proceeds of the taxes
   71  collected pursuant to chapter 201, or 5.2 percent of all other
   72  taxes and fees imposed pursuant to this chapter or remitted
   73  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
   74  monthly installments into the General Revenue Fund.
   75         2. After the distribution under subparagraph 1., 8.814
   76  percent of the amount remitted by a sales tax dealer located
   77  within a participating county pursuant to s. 218.61 shall be
   78  transferred into the Local Government Half-cent Sales Tax
   79  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
   80  transferred shall be reduced by 0.1 percent, and the department
   81  shall distribute this amount to the Public Employees Relations
   82  Commission Trust Fund less $5,000 each month, which shall be
   83  added to the amount calculated in subparagraph 3. and
   84  distributed accordingly.
   85         3. After the distribution under subparagraphs 1. and 2.,
   86  0.095 percent shall be transferred to the Local Government Half
   87  cent Sales Tax Clearing Trust Fund and distributed pursuant to
   88  s. 218.65.
   89         4. After the distributions under subparagraphs 1., 2., and
   90  3., 2.0440 percent plus the amount required under s. 218.213 of
   91  the available proceeds shall be transferred monthly to the
   92  Revenue Sharing Trust Fund for Counties pursuant to s. 218.215.
   93         5. After the distributions under subparagraphs 1., 2., and
   94  3., 1.3409 percent of the available proceeds shall be
   95  transferred monthly to the Revenue Sharing Trust Fund for
   96  Municipalities pursuant to s. 218.215. If the total revenue to
   97  be distributed pursuant to this subparagraph is at least as
   98  great as the amount due from the Revenue Sharing Trust Fund for
   99  Municipalities and the former Municipal Financial Assistance
  100  Trust Fund in state fiscal year 1999-2000, no municipality shall
  101  receive less than the amount due from the Revenue Sharing Trust
  102  Fund for Municipalities and the former Municipal Financial
  103  Assistance Trust Fund in state fiscal year 1999-2000. If the
  104  total proceeds to be distributed are less than the amount
  105  received in combination from the Revenue Sharing Trust Fund for
  106  Municipalities and the former Municipal Financial Assistance
  107  Trust Fund in state fiscal year 1999-2000, each municipality
  108  shall receive an amount proportionate to the amount it was due
  109  in state fiscal year 1999-2000.
  110         6. Of the remaining proceeds:
  111         a. In each fiscal year, the sum of $29,915,500 shall be
  112  divided into as many equal parts as there are counties in the
  113  state, and one part shall be distributed to each county. The
  114  distribution among the several counties must begin each fiscal
  115  year on or before January 5th and continue monthly for a total
  116  of 4 months. If a local or special law required that any moneys
  117  accruing to a county in fiscal year 1999-2000 under the then
  118  existing provisions of s. 550.135 be paid directly to the
  119  district school board, special district, or a municipal
  120  government, such payment must continue until the local or
  121  special law is amended or repealed. The state covenants with
  122  holders of bonds or other instruments of indebtedness issued by
  123  local governments, special districts, or district school boards
  124  before July 1, 2000, that it is not the intent of this
  125  subparagraph to adversely affect the rights of those holders or
  126  relieve local governments, special districts, or district school
  127  boards of the duty to meet their obligations as a result of
  128  previous pledges or assignments or trusts entered into which
  129  obligated funds received from the distribution to county
  130  governments under then-existing s. 550.135. This distribution
  131  specifically is in lieu of funds distributed under s. 550.135
  132  before July 1, 2000.
  133         b. The department shall distribute $166,667 monthly
  134  pursuant to s. 288.1162 to each applicant certified as a
  135  facility for a new or retained professional sports franchise
  136  pursuant to s. 288.1162. Up to $41,667 shall be distributed
  137  monthly by the department to each certified applicant as defined
  138  in s. 288.11621 for a facility for a spring training franchise.
  139  However, not more than $416,670 may be distributed monthly in
  140  the aggregate to all certified applicants for facilities for
  141  spring training franchises. Distributions begin 60 days after
  142  such certification and continue for not more than 30 years,
  143  except as otherwise provided in s. 288.11621. A certified
  144  applicant identified in this sub-subparagraph may not receive
  145  more in distributions than expended by the applicant for the
  146  public purposes provided for in s. 288.1162(5) or s.
  147  288.11621(3).
  148         c. Beginning 30 days after notice by the Office of Tourism,
  149  Trade, and Economic Development to the Department of Revenue
  150  that an applicant has been certified as the professional golf
  151  hall of fame pursuant to s. 288.1168 and is open to the public,
  152  $166,667 shall be distributed monthly, for up to 300 months, to
  153  the applicant.
  154         d. Beginning 30 days after notice by the Office of Tourism,
  155  Trade, and Economic Development to the Department of Revenue
  156  that the applicant has been certified as the International Game
  157  Fish Association World Center facility pursuant to s. 288.1169,
  158  and the facility is open to the public, $83,333 shall be
  159  distributed monthly, for up to 168 months, to the applicant.
  160  This distribution is subject to reduction pursuant to s.
  161  288.1169. A lump sum payment of $999,996 shall be made, after
  162  certification and before July 1, 2000.
  163         7. All other proceeds must remain in the General Revenue
  164  Fund.
  165         Section 2. Section 218.213, Florida Statutes, is created to
  166  read:
  167         218.213 Incentive for special event tourism; additional
  168  county sales tax distribution.—Any county may designate up to
  169  four 10-day periods each calendar year for the purpose of
  170  holding special events designed to enhance tourism. A county may
  171  sponsor the event or limit its involvement to supporting an
  172  event sponsored by its residents or local businesses. A county
  173  that designates up to four such 10-day periods is eligible for a
  174  distribution from the Revenue Sharing Trust Fund for Counties in
  175  an amount equivalent to 50 percent of the increase realized in
  176  sales tax collections in the county over the same 10-day period
  177  in the previous year. For purposes of this section, a 10-day
  178  period is any period of 10 consecutive days that begins on a
  179  Friday and ends on a Sunday. The department shall determine
  180  monthly the aggregate amount of sales tax revenue required for
  181  distribution to eligible counties under this section and
  182  transfer an appropriate amount from the General Revenue Fund to
  183  the Revenue Sharing Trust Fund For Counties in accordance with
  184  s. 212.20(6)(d)4. Before making the transfer, the department
  185  must adjust the aggregate amount in a manner that takes into
  186  consideration any forecasted increase or decrease in sales tax
  187  collections officially adopted by the Revenue Estimating
  188  Conference in its most recent conference before passage of the
  189  General Appropriations Act for the current fiscal year. The
  190  specific amount payable to each eligible county shall be
  191  determined by the department for distribution to the appropriate
  192  eligible county in accordance with s. 218.23(3)(e).
  193         Section 3. Subsection (3) of section 218.23, Florida
  194  Statutes, is amended to read:
  195         218.23 Revenue sharing with units of local government.—
  196         (3) The distribution to a unit of local government under
  197  this part is determined by the following formula:
  198         (a) First, the entitlement of an eligible unit of local
  199  government shall be computed on the basis of the apportionment
  200  factor provided in s. 218.245, which shall be applied for all
  201  eligible units of local government to all receipts available for
  202  distribution in the respective revenue sharing trust fund.
  203         (b) Second, revenue shared with eligible units of local
  204  government for any fiscal year shall be adjusted so that no
  205  eligible unit of local government receives less funds than its
  206  guaranteed entitlement.
  207         (c) Third, revenues shared with counties for any fiscal
  208  year shall be adjusted so that no county receives less funds
  209  than its guaranteed entitlement plus the second guaranteed
  210  entitlement for counties.
  211         (d) Fourth, revenue shared with units of local government
  212  for any fiscal year shall be adjusted so that no unit of local
  213  government receives less funds than its minimum entitlement.
  214         (e) Fifth, after the adjustments provided in paragraphs
  215  (b), (c), and (d), the funds remaining in the respective trust
  216  fund for counties shall be distributed to the appropriate county
  217  eligible for a distribution under s. 218.213. If applicable, a
  218  county shall distribute funds received under this paragraph to a
  219  unit of local government within whose jurisdiction a special
  220  event was held pursuant to s. 218.213.
  221         (f)(e)Sixth Fifth, after the adjustments provided in
  222  paragraphs (b), (c), and (d), and (e) and after deducting the
  223  amount committed to all the units of local government, the funds
  224  remaining in the respective trust funds shall be distributed to
  225  those eligible units of local government which qualify to
  226  receive additional moneys beyond the guaranteed entitlement, on
  227  the basis of the additional money of each qualified unit of
  228  local government in proportion to the total additional money of
  229  all qualified units of local government.
  230         Section 4. This act shall take effect July 1, 2011.