Florida Senate - 2020 SENATOR AMENDMENT
Bill No. CS/HB 7097, 1st Eng.
Senate . House
Floor: 2h/F/2R .
03/12/2020 06:46 PM .
Senator Lee moved the following:
1 Senate Amendment to Substitute Amendment (271678) (with
2 title amendment)
4 Between lines 1337 and 1338
6 Section 27. Paragraph (d) of subsection (6) of section
7 212.20, Florida Statutes, is amended to read
8 212.20 Funds collected, disposition; additional powers of
9 department; operational expense; refund of taxes adjudicated
10 unconstitutionally collected.—
11 (6) Distribution of all proceeds under this chapter and ss.
12 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
13 (d) The proceeds of all other taxes and fees imposed
14 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
15 and (2)(b) shall be distributed as follows:
16 1. In any fiscal year, the greater of $500 million, minus
17 an amount equal to 4.6 percent of the proceeds of the taxes
18 collected pursuant to chapter 201, or 5.2 percent of all other
19 taxes and fees imposed pursuant to this chapter or remitted
20 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
21 monthly installments into the General Revenue Fund.
22 2. After the distribution under subparagraph 1., 8.9744
23 percent of the amount remitted by a sales tax dealer located
24 within a participating county pursuant to s. 218.61 shall be
25 transferred into the Local Government Half-cent Sales Tax
26 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
27 transferred shall be reduced by 0.1 percent, and the department
28 shall distribute this amount to the Public Employees Relations
29 Commission Trust Fund less $5,000 each month, which shall be
30 added to the amount calculated in subparagraph 3. and
31 distributed accordingly.
32 3. After the distribution under subparagraphs 1. and 2.,
33 0.0966 percent shall be transferred to the Local Government
34 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
35 to s. 218.65.
36 4. After the distributions under subparagraphs 1., 2., and
37 3., 2.0810 percent of the available proceeds shall be
38 transferred monthly to the Revenue Sharing Trust Fund for
39 Counties pursuant to s. 218.215.
40 5. After the distributions under subparagraphs 1., 2., and
41 3., 1.3653 percent of the available proceeds shall be
42 transferred monthly to the Revenue Sharing Trust Fund for
43 Municipalities pursuant to s. 218.215. If the total revenue to
44 be distributed pursuant to this subparagraph is at least as
45 great as the amount due from the Revenue Sharing Trust Fund for
46 Municipalities and the former Municipal Financial Assistance
47 Trust Fund in state fiscal year 1999-2000, no municipality shall
48 receive less than the amount due from the Revenue Sharing Trust
49 Fund for Municipalities and the former Municipal Financial
50 Assistance Trust Fund in state fiscal year 1999-2000. If the
51 total proceeds to be distributed are less than the amount
52 received in combination from the Revenue Sharing Trust Fund for
53 Municipalities and the former Municipal Financial Assistance
54 Trust Fund in state fiscal year 1999-2000, each municipality
55 shall receive an amount proportionate to the amount it was due
56 in state fiscal year 1999-2000.
57 6. Of the remaining proceeds:
58 a. In each fiscal year, the sum of $29,915,500 shall be
59 divided into as many equal parts as there are counties in the
60 state, and one part shall be distributed to each county. The
61 distribution among the several counties must begin each fiscal
62 year on or before January 5th and continue monthly for a total
63 of 4 months. If a local or special law required that any moneys
64 accruing to a county in fiscal year 1999-2000 under the then
65 existing provisions of s. 550.135 be paid directly to the
66 district school board, special district, or a municipal
67 government, such payment must continue until the local or
68 special law is amended or repealed. The state covenants with
69 holders of bonds or other instruments of indebtedness issued by
70 local governments, special districts, or district school boards
71 before July 1, 2000, that it is not the intent of this
72 subparagraph to adversely affect the rights of those holders or
73 relieve local governments, special districts, or district school
74 boards of the duty to meet their obligations as a result of
75 previous pledges or assignments or trusts entered into which
76 obligated funds received from the distribution to county
77 governments under then-existing s. 550.135. This distribution
78 specifically is in lieu of funds distributed under s. 550.135
79 before July 1, 2000.
80 b. The department shall distribute $166,667 monthly to each
81 applicant certified as a facility for a new or retained
82 professional sports franchise pursuant to s. 288.1162. Up to
83 $41,667 shall be distributed monthly by the department to each
84 certified applicant as defined in s. 288.11621 for a facility
85 for a spring training franchise. However, not more than $416,670
86 may be distributed monthly in the aggregate to all certified
87 applicants for facilities for spring training franchises.
88 Distributions begin 60 days after such certification and
89 continue for not more than 30 years, except as otherwise
90 provided in s. 288.11621. A certified applicant identified in
91 this sub-subparagraph may not receive more in distributions than
92 expended by the applicant for the public purposes provided in s.
93 288.1162(5) or s. 288.11621(3).
94 c. Beginning 30 days after notice by the Department of
95 Economic Opportunity to the Department of Revenue that an
96 applicant has been certified as the professional golf hall of
97 fame pursuant to s. 288.1168 and is open to the public, $166,667
98 shall be distributed monthly, for up to 300 months, to the
100 d. Beginning 30 days after notice by the Department of
101 Economic Opportunity to the Department of Revenue that the
102 applicant has been certified as the International Game Fish
103 Association World Center facility pursuant to s. 288.1169, and
104 the facility is open to the public, $83,333 shall be distributed
105 monthly, for up to 168 months, to the applicant. This
106 distribution is subject to reduction pursuant to s. 288.1169. A
107 lump sum payment of $999,996 shall be made after certification
108 and before July 1, 2000.
109 e. The department shall distribute up to $83,333 monthly to
110 each certified applicant as defined in s. 288.11631 for a
111 facility used by a single spring training franchise, or up to
112 $166,667 monthly to each certified applicant as defined in s.
113 288.11631 for a facility used by more than one spring training
114 franchise. Monthly distributions begin 60 days after such
115 certification or July 1, 2016, whichever is later, and continue
116 for not more than 20 years to each certified applicant as
117 defined in s. 288.11631 for a facility used by a single spring
118 training franchise or not more than 25 years to each certified
119 applicant as defined in s. 288.11631 for a facility used by more
120 than one spring training franchise. A certified applicant
121 identified in this sub-subparagraph may not receive more in
122 distributions than expended by the applicant for the public
123 purposes provided in s. 288.11631(3).
Beginning 45 days after notice by the Department of
125 Economic Opportunity to the Department of Revenue that an
126 applicant has been approved by the Legislature and certified by
127 the Department of Economic Opportunity under s. 288.11625 or
128 upon a date specified by the Department of Economic Opportunity
129 as provided under s. 288.11625(6)(d), the department shall
130 distribute each month an amount equal to one-twelfth of the
131 annual distribution amount certified by the Department of
132 Economic Opportunity for the applicant. The department may not
133 distribute more than $7 million in the 2014-2015 fiscal year or
134 more than $13 million annually thereafter under this sub
136 g. Beginning December 1, 2015, and ending June 30, 2016,
137 the department shall distribute $26,286 monthly to the State
138 Transportation Trust Fund. Beginning July 1, 2016, the
139 department shall distribute $15,333 monthly to the State
140 Transportation Trust Fund.
141 7. All other proceeds must remain in the General Revenue
143 Section 36. Section 288.11625, Florida Statutes, is
145 Section 37. Subsection (2) and paragraph (c) of subsection
146 (3) of section 218.64, Florida Statutes, are amended to read:
147 218.64 Local government half-cent sales tax; uses;
149 (2) Municipalities shall expend their portions of the local
150 government half-cent sales tax only for municipality-wide
151 programs , for reimbursing the state as required pursuant to s.
152 288.11625, or for municipality-wide property tax or municipal
153 utility tax relief. All utility tax rate reductions afforded by
154 participation in the local government half-cent sales tax shall
155 be applied uniformly across all types of taxed utility services.
156 (3) Subject to ordinances enacted by the majority of the
157 members of the county governing authority and by the majority of
158 the members of the governing authorities of municipalities
159 representing at least 50 percent of the municipal population of
160 such county, counties may use up to $3 million annually of the
161 local government half-cent sales tax allocated to that county
162 for any of the following purposes:
163 (c) Reimbursing the state as required under s. 288.11625.
164 Section 38. Paragraph (e) of subsection (2) of section
165 288.0001, Florida Statutes, is amended to read:
166 288.0001 Economic Development Programs Evaluation.—The
167 Office of Economic and Demographic Research and the Office of
168 Program Policy Analysis and Government Accountability (OPPAGA)
169 shall develop and present to the Governor, the President of the
170 Senate, the Speaker of the House of Representatives, and the
171 chairs of the legislative appropriations committees the Economic
172 Development Programs Evaluation.
173 (2) The Office of Economic and Demographic Research and
174 OPPAGA shall provide a detailed analysis of economic development
175 programs as provided in the following schedule:
176 (e) Beginning January 1, 2018, and every 3 years
177 thereafter, an analysis of the Sports Development Program
178 established under s. 288.11625.
179 Section 39. Section 212.205, Florida Statutes, is amended
180 to read:
181 212.205 Sales tax distribution reporting.—By March 15 of
182 each year, each person who received a distribution pursuant to
183 s. 212.20(6)(d)6.b.-e. s. 212.20(6)(d)6.b.-f. in the preceding
184 calendar year shall report to the Office of Economic and
185 Demographic Research the following information:
186 (1) An itemized accounting of all expenditures of the funds
187 distributed in the preceding calendar year, including amounts
188 spent on debt service.
189 (2) A statement indicating what portion of the distributed
190 funds have been pledged for debt service.
191 (3) The original principal amount and current debt service
192 schedule of any bonds or other borrowing for which the
193 distributed funds have been pledged for debt service.
195 ================= T I T L E A M E N D M E N T ================
196 And the title is amended as follows:
197 Delete line 1924
198 and insert:
199 providing construction; amending s. 212.20, F.S.;
200 conforming provisions to changes made by the act;
201 repealing s. 288.11625, F.S., relating to the Sports
202 Development Program; amending ss. 218.64, 288.0001,
203 and 212.205, F.S.; conforming provisions to changes
204 made by the act; creating s. 213.0537, F.S.;