HB 595

A bill to be entitled
2An act relating to revitalizing municipalities;
3amending s. 212.20, F.S.; providing for the transfer
4of certain sales tax revenues from the General Revenue
5Fund to the Revenue Sharing Trust Fund for
6Municipalities; amending s. 218.23, F.S.; providing
7for a distribution from the Revenue Sharing Trust Fund
8for Municipalities relating to an increase in sales
9tax collections over the preceding year to an eligible
10designated redevelopment agency of a sales tax
11increment redevelopment district; creating s. 290.017,
12F.S.; providing legislative intent and purpose;
13authorizing specified governing bodies to create a
14sales tax increment redevelopment district within a
15municipality having a specified population; providing
16that a designated redevelopment agency for an
17enterprise zone where a sales tax redevelopment
18district is located is eligible for specified
19percentage distributions of increased state sales tax
20collections under certain circumstances; requiring the
21Department of Revenue to determine the amount of
22increased sales tax collections to be distributed to
23each eligible designated redevelopment agency and to
24transfer the aggregate amount due to all such agencies
25to the Revenue Sharing Trust Fund for Municipalities
26for distribution; granting specified powers to a
27designated redevelopment agency for a sales tax
28increment redevelopment district for the purpose of
29providing financing and fostering certain public and
30private improvements, including issuing revenue bonds;
31requiring that an agreement between a designated
32redevelopment agency and private sponsor of a project
33include a requirement that a specified number of jobs
34be created under certain circumstances; providing an
35effective date.
37Be It Enacted by the Legislature of the State of Florida:
39     Section 1.  Subsection (6) of section 212.20, Florida
40Statutes, is amended to read:
41     212.20  Funds collected, disposition; additional powers of
42department; operational expense; refund of taxes adjudicated
43unconstitutionally collected.-
44     (6)  Distribution of all proceeds under this chapter and s.
45202.18(1)(b) and (2)(b) shall be as follows:
46     (a)  Proceeds from the convention development taxes
47authorized under s. 212.0305 shall be reallocated to the
48Convention Development Tax Clearing Trust Fund.
49     (b)  Proceeds from discretionary sales surtaxes imposed
50pursuant to ss. 212.054 and 212.055 shall be reallocated to the
51Discretionary Sales Surtax Clearing Trust Fund.
52     (c)  Proceeds from the fees imposed under ss.
53212.05(1)(h)3. and 212.18(3) shall remain with the General
54Revenue Fund.
55     (d)  The proceeds of all other taxes and fees imposed
56pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
57and (2)(b) shall be distributed as follows:
58     1.  In any fiscal year, the greater of $500 million, minus
59an amount equal to 4.6 percent of the proceeds of the taxes
60collected pursuant to chapter 201, or 5.2 percent of all other
61taxes and fees imposed pursuant to this chapter or remitted
62pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
63monthly installments into the General Revenue Fund.
64     2.  After the distribution under subparagraph 1., 8.814
65percent of the amount remitted by a sales tax dealer located
66within a participating county pursuant to s. 218.61 shall be
67transferred into the Local Government Half-cent Sales Tax
68Clearing Trust Fund. Beginning July 1, 2003, the amount to be
69transferred shall be reduced by 0.1 percent, and the department
70shall distribute this amount to the Public Employees Relations
71Commission Trust Fund less $5,000 each month, which shall be
72added to the amount calculated in subparagraph 3. and
73distributed accordingly.
74     3.  After the distribution under subparagraphs 1. and 2.,
750.095 percent shall be transferred to the Local Government Half-
76cent Sales Tax Clearing Trust Fund and distributed pursuant to
77s. 218.65.
78     4.  After the distributions under subparagraphs 1., 2., and
793., 2.0440 percent of the available proceeds shall be
80transferred monthly to the Revenue Sharing Trust Fund for
81Counties pursuant to s. 218.215.
82     5.  After the distributions under subparagraphs 1., 2., and
833., 1.3409 percent of the available proceeds plus the amount
84required under s. 290.017(3) shall be transferred monthly to the
85Revenue Sharing Trust Fund for Municipalities pursuant to s.
86218.215. If the total revenue to be distributed pursuant to this
87subparagraph is at least as great as the amount due from the
88Revenue Sharing Trust Fund for Municipalities and the former
89Municipal Financial Assistance Trust Fund in state fiscal year
901999-2000, no municipality shall receive less than the amount
91due from the Revenue Sharing Trust Fund for Municipalities and
92the former Municipal Financial Assistance Trust Fund in state
93fiscal year 1999-2000. If the total proceeds to be distributed
94are less than the amount received in combination from the
95Revenue Sharing Trust Fund for Municipalities and the former
96Municipal Financial Assistance Trust Fund in state fiscal year
971999-2000, each municipality shall receive an amount
98proportionate to the amount it was due in state fiscal year
100     6.  Of the remaining proceeds:
101     a.  In each fiscal year, the sum of $29,915,500 shall be
102divided into as many equal parts as there are counties in the
103state, and one part shall be distributed to each county. The
104distribution among the several counties must begin each fiscal
105year on or before January 5th and continue monthly for a total
106of 4 months. If a local or special law required that any moneys
107accruing to a county in fiscal year 1999-2000 under the then-
108existing provisions of s. 550.135 be paid directly to the
109district school board, special district, or a municipal
110government, such payment must continue until the local or
111special law is amended or repealed. The state covenants with
112holders of bonds or other instruments of indebtedness issued by
113local governments, special districts, or district school boards
114before July 1, 2000, that it is not the intent of this
115subparagraph to adversely affect the rights of those holders or
116relieve local governments, special districts, or district school
117boards of the duty to meet their obligations as a result of
118previous pledges or assignments or trusts entered into which
119obligated funds received from the distribution to county
120governments under then-existing s. 550.135. This distribution
121specifically is in lieu of funds distributed under s. 550.135
122before July 1, 2000.
123     b.  The department shall distribute $166,667 monthly
124pursuant to s. 288.1162 to each applicant certified as a
125facility for a new or retained professional sports franchise
126pursuant to s. 288.1162. Up to $41,667 shall be distributed
127monthly by the department to each certified applicant as defined
128in s. 288.11621 for a facility for a spring training franchise.
129However, not more than $416,670 may be distributed monthly in
130the aggregate to all certified applicants for facilities for
131spring training franchises. Distributions begin 60 days after
132such certification and continue for not more than 30 years,
133except as otherwise provided in s. 288.11621. A certified
134applicant identified in this sub-subparagraph may not receive
135more in distributions than expended by the applicant for the
136public purposes provided for in s. 288.1162(5) or s.
138     c.  Beginning 30 days after notice by the Department of
139Economic Opportunity to the Department of Revenue that an
140applicant has been certified as the professional golf hall of
141fame pursuant to s. 288.1168 and is open to the public, $166,667
142shall be distributed monthly, for up to 300 months, to the
144     d.  Beginning 30 days after notice by the Department of
145Economic Opportunity to the Department of Revenue that the
146applicant has been certified as the International Game Fish
147Association World Center facility pursuant to s. 288.1169, and
148the facility is open to the public, $83,333 shall be distributed
149monthly, for up to 168 months, to the applicant. This
150distribution is subject to reduction pursuant to s. 288.1169. A
151lump sum payment of $999,996 shall be made, after certification
152and before July 1, 2000.
153     7.  All other proceeds must remain in the General Revenue
155     Section 2.  Subsection (3) of section 218.23, Florida
156Statutes, is amended to read:
157     218.23  Revenue sharing with units of local government.-
158     (3)  The distribution to a unit of local government under
159this part is determined by the following formula:
160     (a)  First, the entitlement of an eligible unit of local
161government shall be computed on the basis of the apportionment
162factor provided in s. 218.245, which shall be applied for all
163eligible units of local government to all receipts available for
164distribution in the respective revenue sharing trust fund.
165     (b)  Second, revenue shared with eligible units of local
166government for any fiscal year shall be adjusted so that no
167eligible unit of local government receives less funds than its
168guaranteed entitlement.
169     (c)  Third, revenues shared with counties for any fiscal
170year shall be adjusted so that no county receives less funds
171than its guaranteed entitlement plus the second guaranteed
172entitlement for counties.
173     (d)  Fourth, revenue shared with units of local government
174for any fiscal year shall be adjusted so that no unit of local
175government receives less funds than its minimum entitlement.
176     (e)  Fifth, after the adjustments provided in paragraphs
177(b), (c), and (d), the funds remaining in the respective trust
178fund for municipalities shall be distributed to the appropriate
179designated redevelopment agency eligible for a distribution
180under s. 290.017.
181     (f)(e)  Sixth Fifth, after the adjustments provided in
182paragraphs (b), (c), and (d), and (e), and after deducting the
183amount committed to all the units of local government, the funds
184remaining in the respective trust funds shall be distributed to
185those eligible units of local government which qualify to
186receive additional moneys beyond the guaranteed entitlement, on
187the basis of the additional money of each qualified unit of
188local government in proportion to the total additional money of
189all qualified units of local government.
190     Section 3.  Section 290.017, Florida Statutes, is created
191to read:
192     290.017  Intent and purpose; sales tax increment
193redevelopment districts.-
194     (1)(a)  By authorizing the creation of sales tax increment
195redevelopment districts within municipalities located within a
196designated enterprise zone, the Legislature intends to generally
197improve the economic conditions within the enterprise zone, and
198particularly within the economically depressed area of a
199municipality that comprises a sales tax increment redevelopment
201     (b)  By allowing the designated redevelopment agency for
202the enterprise zone where the sales tax increment redevelopment
203district is located to share with the state any annual increase
204in sales tax collections, the Legislature intends to provide
205local financing for public and private improvements that will
206foster job growth and enhance the commercial base of local
208     (2)  Any municipality that has designated an enterprise
209zone or all the governing bodies in the case of a county and one
210or more municipalities having designated an enterprise zone may
211adopt a resolution that creates a sales tax increment
212redevelopment district within any municipality that is part of
213or comprises an entire enterprise zone if the municipality has a
214population greater than 250,000. The designated redevelopment
215agency for the enterprise zone where the sales tax redevelopment
216district is located is eligible for a percentage distribution
217from the Revenue Sharing Trust Fund for Municipalities of the
218increased collections of the state tax on sales, use, and other
219transactions realized during any month by the municipality over
220the same monthly period of the previous year, as follows:
221     (a)  Eighty-five percent of the increase in collections of
222less than $1 million.
223     (b)  Seventy-five percent of the increased collections of
224$1 million or more but less than $5 million.
225     (c)  Fifty percent of the increased collections of $5
226million or more but less than $8 million.
227     (d)  Twenty-five percent of the increased collections of $8
228million or more but less than $12 million.
229     (e)  Zero percent of the increased collections of $12
230million or more.
231     (3)  The specific amount payable to each eligible
232designated redevelopment agency must be determined monthly by
233the Department of Revenue for distribution to the appropriate
234eligible designated redevelopment agency in accordance with
235subsection (2). The Department of Revenue must determine monthly
236the aggregate amount of sales tax revenue that is required for
237distribution to eligible designated redevelopment agencies under
238this section and transfer that amount from the General Revenue
239Fund to the Revenue Sharing Trust Fund for Municipalities in
240accordance with s. 212.20(6)(d)5. All amounts transferred to the
241Revenue Sharing Trust Fund for Municipalities must be
242distributed as provided in s. 218.23(3)(e).
243     (4)  Unless prohibited by ordinance, for the purpose of
244providing local financing for public and private improvements
245that will foster job growth and enhance the commercial base of
246local merchants in the sales tax increment redevelopment
247district, the designated eligible redevelopment agency is
248empowered to:
249     (a)  Enter into cooperative contracts and agreements with a
250county, municipality, governmental agency, or private entity for
251services and assistance;
252     (b)  Acquire, own, convey, construct, maintain, improve,
253and manage property and facilities and grant and acquire
254licenses, easements, and options with respect to such property;
255     (c)  Accept grants and donations of property, labor, or
256other things of value from any public or private source;
257     (d)  Control the expenditure of funds legally available to
258it, subject to limitations imposed by law or any valid agreement
259or contract;
260     (e)  Promote and advertise the commercial advantages of the
261district in order to attract new businesses and encourage the
262expansion of existing businesses;
263     (f)  Promote and advertise the district to the public and
264engage in cooperative advertising programs with businesses
265located in the district;
266     (g)  Identify areas with blighted influences and develop
267programs for remediating such influences.
268     (h)  If authorized or approved by resolution or ordinance
269of the governing body that created the sales tax increment
270redevelopment district, use the distribution of sales tax
271proceeds provided for under this section for the purpose of
272issuing revenue bonds to finance redevelopment of the district,
273including the payment of principal and interest upon any
274advances for surveys and plans or preliminary loans.
275     1.  Bonds issued under this paragraph do not constitute an
276indebtedness within the meaning of any constitutional or
277statutory debt limitation or restriction and are not subject to
278the provisions of any other law or charter relating to the
279authorization, issuance, or sale of bonds. Bonds issued under
280this paragraph are declared to be issued for an essential public
281and governmental purpose, and the interest and income from the
282bonds are exempt from all taxes, except taxes imposed by chapter
283220 on corporations.
284     2.  Bonds issued under this paragraph may be issued in one
285or more series and may bear such date or dates, be payable upon
286demand or mature at such time or times, bear interest at such
287rate or rates, be in such denomination or denominations, be in
288such form either with or without coupon or registered, carry
289such conversion or registration privileges, have such rank or
290priority, be executed in such manner, be payable in such medium
291of payment at such place or places, be subject to such terms of
292redemption (with or without premium), be secured in such manner,
293and have such other characteristics as may be provided by the
294resolution or ordinance authorizing their issuance. Bonds issued
295under this paragraph may be sold in such manner, either at
296public or private sale, and for such price as the designated
297redevelopment agency may determine will effectuate the purposes
298of this section.
299     3.  In any suit, action, or proceeding involving the
300validity or enforceability of any bond issued under this
301paragraph, any bond that recites in substance that it has been
302issued by the designated redevelopment agency in connection with
303the sales tax increment district for a purpose authorized under
304this section is conclusively presumed to have been issued for
305that purpose, and any project financed by the bond is
306conclusively presumed to have been planned and carried out in
307accordance with the intended purposes of this section.
309If any sales tax proceeds distributed under this section are to
310be expended in a manner that directly inures to the benefit of a
311privately sponsored project in a designated enterprise zone or
312in a sales tax increment redevelopment district created under
313this section, the expenditure of such proceeds must be
314contingent upon a negotiated development agreement between the
315private sponsor and the applicable redevelopment agency that
316includes a binding term requiring the creation of no less than
317500 full-time jobs.
318     Section 4.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.