Florida Senate - 2011                                    SB 1962
       
       
       
       By Senator Garcia
       
       
       
       
       40-01418-11                                           20111962__
    1                        A bill to be entitled                      
    2         An act relating to revitalizing municipalities;
    3         amending s. 212.20, F.S.; providing for the transfer
    4         of certain sales tax revenues from the General Revenue
    5         Fund to the Revenue Sharing Trust Fund for
    6         Municipalities; amending s. 218.23, F.S.; providing
    7         for a distribution from the Revenue Sharing Trust Fund
    8         for Municipalities relating to an increase in sales
    9         tax collections over the preceding year to an eligible
   10         designated redevelopment agency of a sales tax
   11         increment redevelopment district; creating s. 290.017,
   12         F.S.; providing legislative intent and purpose;
   13         authorizing specified governing bodies to create a
   14         sales tax increment redevelopment district within a
   15         municipality having a specified population; providing
   16         that a designated redevelopment agency for an
   17         enterprise zone where a sales tax redevelopment
   18         district is located is eligible for specified
   19         percentage distributions of increased state sales tax
   20         collections under certain circumstances; requiring the
   21         Department of Revenue to determine the amount of
   22         increased sales tax collections to be distributed to
   23         each eligible designated redevelopment agency and to
   24         transfer the aggregate amount due to all such agencies
   25         to the Revenue Sharing Trust Fund for Municipalities
   26         for distribution; granting specified powers to a
   27         designated redevelopment agency for a sales tax
   28         increment redevelopment district for the purpose of
   29         providing financing and fostering certain public and
   30         private improvements, including issuing revenue bonds;
   31         requiring that an agreement between a designated
   32         redevelopment agency and private sponsor of a project
   33         include a requirement that a specified number of jobs
   34         be created under certain circumstances; providing an
   35         effective date.
   36  
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Subsection (6) of section 212.20, Florida
   40  Statutes, is amended to read:
   41         212.20 Funds collected, disposition; additional powers of
   42  department; operational expense; refund of taxes adjudicated
   43  unconstitutionally collected.—
   44         (6) Distribution of all proceeds under this chapter and s.
   45  202.18(1)(b) and (2)(b) shall be as follows:
   46         (a) Proceeds from the convention development taxes
   47  authorized under s. 212.0305 shall be reallocated to the
   48  Convention Development Tax Clearing Trust Fund.
   49         (b) Proceeds from discretionary sales surtaxes imposed
   50  pursuant to ss. 212.054 and 212.055 shall be reallocated to the
   51  Discretionary Sales Surtax Clearing Trust Fund.
   52         (c) Proceeds from the fees imposed under ss. 212.05(1)(h)3.
   53  and 212.18(3) shall remain with the General Revenue Fund.
   54         (d) The proceeds of all other taxes and fees imposed
   55  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
   56  and (2)(b) shall be distributed as follows:
   57         1. In any fiscal year, the greater of $500 million, minus
   58  an amount equal to 4.6 percent of the proceeds of the taxes
   59  collected pursuant to chapter 201, or 5.2 percent of all other
   60  taxes and fees imposed pursuant to this chapter or remitted
   61  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
   62  monthly installments into the General Revenue Fund.
   63         2. After the distribution under subparagraph 1., 8.814
   64  percent of the amount remitted by a sales tax dealer located
   65  within a participating county pursuant to s. 218.61 shall be
   66  transferred into the Local Government Half-cent Sales Tax
   67  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
   68  transferred shall be reduced by 0.1 percent, and the department
   69  shall distribute this amount to the Public Employees Relations
   70  Commission Trust Fund less $5,000 each month, which shall be
   71  added to the amount calculated in subparagraph 3. and
   72  distributed accordingly.
   73         3. After the distribution under subparagraphs 1. and 2.,
   74  0.095 percent shall be transferred to the Local Government Half
   75  cent Sales Tax Clearing Trust Fund and distributed pursuant to
   76  s. 218.65.
   77         4. After the distributions under subparagraphs 1., 2., and
   78  3., 2.0440 percent of the available proceeds shall be
   79  transferred monthly to the Revenue Sharing Trust Fund for
   80  Counties pursuant to s. 218.215.
   81         5. After the distributions under subparagraphs 1., 2., and
   82  3., 1.3409 percent of the available proceeds plus the amount
   83  required under s. 290.017(3) shall be transferred monthly to the
   84  Revenue Sharing Trust Fund for Municipalities pursuant to s.
   85  218.215. If the total revenue to be distributed pursuant to this
   86  subparagraph is at least as great as the amount due from the
   87  Revenue Sharing Trust Fund for Municipalities and the former
   88  Municipal Financial Assistance Trust Fund in state fiscal year
   89  1999-2000, no municipality shall receive less than the amount
   90  due from the Revenue Sharing Trust Fund for Municipalities and
   91  the former Municipal Financial Assistance Trust Fund in state
   92  fiscal year 1999-2000. If the total proceeds to be distributed
   93  are less than the amount received in combination from the
   94  Revenue Sharing Trust Fund for Municipalities and the former
   95  Municipal Financial Assistance Trust Fund in state fiscal year
   96  1999-2000, each municipality shall receive an amount
   97  proportionate to the amount it was due in state fiscal year
   98  1999-2000.
   99         6. Of the remaining proceeds:
  100         a. In each fiscal year, the sum of $29,915,500 shall be
  101  divided into as many equal parts as there are counties in the
  102  state, and one part shall be distributed to each county. The
  103  distribution among the several counties must begin each fiscal
  104  year on or before January 5th and continue monthly for a total
  105  of 4 months. If a local or special law required that any moneys
  106  accruing to a county in fiscal year 1999-2000 under the then
  107  existing provisions of s. 550.135 be paid directly to the
  108  district school board, special district, or a municipal
  109  government, such payment must continue until the local or
  110  special law is amended or repealed. The state covenants with
  111  holders of bonds or other instruments of indebtedness issued by
  112  local governments, special districts, or district school boards
  113  before July 1, 2000, that it is not the intent of this
  114  subparagraph to adversely affect the rights of those holders or
  115  relieve local governments, special districts, or district school
  116  boards of the duty to meet their obligations as a result of
  117  previous pledges or assignments or trusts entered into which
  118  obligated funds received from the distribution to county
  119  governments under then-existing s. 550.135. This distribution
  120  specifically is in lieu of funds distributed under s. 550.135
  121  before July 1, 2000.
  122         b. The department shall distribute $166,667 monthly
  123  pursuant to s. 288.1162 to each applicant certified as a
  124  facility for a new or retained professional sports franchise
  125  pursuant to s. 288.1162. Up to $41,667 shall be distributed
  126  monthly by the department to each certified applicant as defined
  127  in s. 288.11621 for a facility for a spring training franchise.
  128  However, not more than $416,670 may be distributed monthly in
  129  the aggregate to all certified applicants for facilities for
  130  spring training franchises. Distributions begin 60 days after
  131  such certification and continue for not more than 30 years,
  132  except as otherwise provided in s. 288.11621. A certified
  133  applicant identified in this sub-subparagraph may not receive
  134  more in distributions than expended by the applicant for the
  135  public purposes provided for in s. 288.1162(5) or s.
  136  288.11621(3).
  137         c. Beginning 30 days after notice by the Office of Tourism,
  138  Trade, and Economic Development to the Department of Revenue
  139  that an applicant has been certified as the professional golf
  140  hall of fame pursuant to s. 288.1168 and is open to the public,
  141  $166,667 shall be distributed monthly, for up to 300 months, to
  142  the applicant.
  143         d. Beginning 30 days after notice by the Office of Tourism,
  144  Trade, and Economic Development to the Department of Revenue
  145  that the applicant has been certified as the International Game
  146  Fish Association World Center facility pursuant to s. 288.1169,
  147  and the facility is open to the public, $83,333 shall be
  148  distributed monthly, for up to 168 months, to the applicant.
  149  This distribution is subject to reduction pursuant to s.
  150  288.1169. A lump sum payment of $999,996 shall be made, after
  151  certification and before July 1, 2000.
  152         7. All other proceeds must remain in the General Revenue
  153  Fund.
  154         Section 2. Subsection (3) of section 218.23, Florida
  155  Statutes, is amended to read:
  156         218.23 Revenue sharing with units of local government.—
  157         (3) The distribution to a unit of local government under
  158  this part is determined by the following formula:
  159         (a) First, the entitlement of an eligible unit of local
  160  government shall be computed on the basis of the apportionment
  161  factor provided in s. 218.245, which shall be applied for all
  162  eligible units of local government to all receipts available for
  163  distribution in the respective revenue sharing trust fund.
  164         (b) Second, revenue shared with eligible units of local
  165  government for any fiscal year shall be adjusted so that no
  166  eligible unit of local government receives less funds than its
  167  guaranteed entitlement.
  168         (c) Third, revenues shared with counties for any fiscal
  169  year shall be adjusted so that no county receives less funds
  170  than its guaranteed entitlement plus the second guaranteed
  171  entitlement for counties.
  172         (d) Fourth, revenue shared with units of local government
  173  for any fiscal year shall be adjusted so that no unit of local
  174  government receives less funds than its minimum entitlement.
  175         (e) Fifth, after the adjustments provided in paragraphs
  176  (b), (c), and (d), the funds remaining in the respective trust
  177  fund for municipalities shall be distributed to the appropriate
  178  designated redevelopment agency eligible for a distribution
  179  under s. 290.017.
  180         (f)(e)Sixth Fifth, after the adjustments provided in
  181  paragraphs (b), (c), and (d), and (e), and after deducting the
  182  amount committed to all the units of local government, the funds
  183  remaining in the respective trust funds shall be distributed to
  184  those eligible units of local government which qualify to
  185  receive additional moneys beyond the guaranteed entitlement, on
  186  the basis of the additional money of each qualified unit of
  187  local government in proportion to the total additional money of
  188  all qualified units of local government.
  189         Section 3. Section 290.017, Florida Statutes, is created to
  190  read:
  191         290.017 Intent and purpose; sales tax increment
  192  redevelopment districts.—
  193         (1)(a) By authorizing the creation of sales tax increment
  194  redevelopment districts within municipalities located within a
  195  designated enterprise zone, the Legislature intends to generally
  196  improve the economic conditions within the enterprise zone, and
  197  particularly within the economically depressed area of a
  198  municipality that comprises a sales tax increment redevelopment
  199  district.
  200         (b) By allowing the designated redevelopment agency for the
  201  enterprise zone where the sales tax increment redevelopment
  202  district is located to share with the state any annual increase
  203  in sales tax collections, the Legislature intends to provide
  204  local financing for public and private improvements that will
  205  foster job growth and enhance the commercial base of local
  206  merchants.
  207         (2) Any municipality that has designated an enterprise zone
  208  or all the governing bodies in the case of a county and one or
  209  more municipalities having designated an enterprise zone may
  210  adopt a resolution that creates a sales tax increment
  211  redevelopment district within any municipality that is part of
  212  or comprises an entire enterprise zone if the municipality has a
  213  population greater than 250,000. The designated redevelopment
  214  agency for the enterprise zone where the sales tax increment
  215  redevelopment district is located is eligible for a percentage
  216  distribution from the Revenue Sharing Trust Fund for
  217  Municipalities of the increased collections of the state tax on
  218  sales, use, and other transactions realized during any month by
  219  the municipality over the same monthly period of the previous
  220  year, as follows:
  221         (a) Eighty-five percent of the increase in collections of
  222  less than $1 million.
  223         (b) Seventy-five percent of the increased collections of $1
  224  million or more but less than $5 million.
  225         (c) Fifty percent of the increased collections of $5
  226  million or more but less than $8 million.
  227         (d) Twenty-five percent of the increased collections of $8
  228  million or more but less than $12 million.
  229         (e) Zero percent of the increased collections of $12
  230  million or more.
  231         (3) The specific amount payable to each eligible designated
  232  redevelopment agency must be determined monthly by the
  233  Department of Revenue for distribution to the appropriate
  234  designated redevelopment agency in accordance with subsection
  235  (2). The Department of Revenue shall determine monthly the
  236  aggregate amount of sales tax revenue that is required for
  237  distribution to eligible designated redevelopment agencies under
  238  this section and transfer that amount from the General Revenue
  239  Fund to the Revenue Sharing Trust Fund for Municipalities in
  240  accordance with s. 212.20(6)(d)5. All amounts transferred to the
  241  Revenue Sharing Trust Fund for Municipalities must be
  242  distributed as provided in s. 218.23(3)(e).
  243         (4) Unless prohibited by ordinance, for the purpose of
  244  providing local financing for public and private improvements
  245  that will foster job growth and enhance the commercial base of
  246  local merchants in the sales tax increment redevelopment
  247  district, the designated redevelopment agency is empowered to:
  248         (a) Enter into cooperative contracts and agreements with a
  249  county, municipality, governmental agency, or private entity for
  250  services and assistance.
  251         (b) Acquire, own, convey, construct, maintain, improve, and
  252  manage property and facilities and grant and acquire licenses,
  253  easements, and options with respect to such property.
  254         (c) Accept grants and donations of property, labor, or
  255  other things of value from any public or private source;
  256         (d) Control the expenditure of funds legally available to
  257  it, subject to limitations imposed by law or any valid agreement
  258  or contract.
  259         (e) Promote and advertise the commercial advantages of the
  260  district in order to attract new businesses and encourage the
  261  expansion of existing businesses.
  262         (f) Promote and advertise the district to the public and
  263  engage in cooperative advertising programs with businesses
  264  located in the district.
  265         (g) Identify areas with blighted influences and develop
  266  programs for remediating such influences.
  267         (h) If authorized or approved by resolution or ordinance of
  268  the governing body that created the sales tax increment
  269  redevelopment district, use the distribution of sales tax
  270  proceeds provided for under this section for the purpose of
  271  issuing revenue bonds to finance redevelopment of the district,
  272  including the payment of principal and interest upon any
  273  advances for surveys and plans or preliminary loans.
  274         1. Bonds issued under this paragraph do not constitute an
  275  indebtedness within the meaning of any constitutional or
  276  statutory debt limitation or restriction and are not subject to
  277  the provisions of any other law or charter relating to the
  278  authorization, issuance, or sale of bonds. Bonds issued under
  279  this paragraph are declared to be issued for an essential public
  280  and governmental purpose, and the interest and income from the
  281  bonds are exempt from all taxes, except taxes imposed by chapter
  282  220 on corporations.
  283         2. Bonds issued under this paragraph may be issued in one
  284  or more series and may bear such date or dates, be payable upon
  285  demand or mature at such time or times, bear interest at such
  286  rate or rates, be in such denomination or denominations, be in
  287  such form either with or without coupon or registered, carry
  288  such conversion or registration privileges, have such rank or
  289  priority, be executed in such manner, be payable in such medium
  290  of payment at such place or places, be subject to such terms of
  291  redemption (with or without premium), be secured in such manner,
  292  and have such other characteristics as may be provided by the
  293  resolution or ordinance authorizing their issuance. Bonds issued
  294  under this paragraph may be sold in such manner, either at
  295  public or private sale, and for such price as the designated
  296  redevelopment agency may determine will effectuate the purposes
  297  of this section.
  298         3. In any suit, action, or proceeding involving the
  299  validity or enforceability of any bond issued under this
  300  paragraph, any bond that recites in substance that it has been
  301  issued by the designated redevelopment agency in connection with
  302  the sales tax increment redevelopment district for a purpose
  303  authorized under this section is conclusively presumed to have
  304  been issued for that purpose, and any project financed by the
  305  bond is conclusively presumed to have been planned and carried
  306  out in accordance with the intended purposes of this section.
  307  
  308  If any sales tax proceeds distributed under this section are to
  309  be expended in a manner that directly inures to the benefit of a
  310  privately sponsored project in a designated enterprise zone or
  311  in a sales tax increment redevelopment district created under
  312  this section, the expenditure of such proceeds must be
  313  contingent upon a negotiated development agreement between the
  314  private sponsor and the applicable redevelopment agency which
  315  includes a binding term requiring the creation of no fewer than
  316  500 full-time jobs.
  317         Section 4. This act shall take effect July 1, 2011.