Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 818
Ì7425822Î742582
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (McClain) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (d) of subsection (6) of section
6 212.20, Florida Statutes, is amended to read:
7 212.20 Funds collected, disposition; additional powers of
8 department; operational expense; refund of taxes adjudicated
9 unconstitutionally collected.—
10 (6) Distribution of all proceeds under this chapter and ss.
11 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
12 (d) The proceeds of all other taxes and fees imposed
13 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
14 and (2)(b) shall be distributed as follows:
15 1. In any fiscal year, the greater of $500 million, minus
16 an amount equal to 4.6 percent of the proceeds of the taxes
17 collected pursuant to chapter 201, or 5.2 percent of all other
18 taxes and fees imposed pursuant to this chapter or remitted
19 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
20 monthly installments into the General Revenue Fund.
21 2. After the distribution under subparagraph 1., 8.9744
22 percent of the amount remitted by a sales tax dealer located
23 within a participating county pursuant to s. 218.61 shall be
24 transferred in two parts:
25 a. The total amount of $50 million of the communications
26 services taxes remitted pursuant to s. 202.18(1)(b) and (2)(b),
27 in any fiscal year, shall be distributed by the department by a
28 nonoperating transfer to the Department of Commerce in monthly
29 installments to the Grants and Donations Trust Fund within the
30 Department of Commerce for the Utility Relocation Reimbursement
31 Grant Program created in s. 337.4031; and
32 b. The remainder shall be transferred into the Local
33 Government Half-cent Sales Tax Clearing Trust Fund. Beginning
34 October 1, 2025 July 1, 2003, the amount to be transferred shall
35 be reduced by 0.1018 0.1 percent, and the department shall
36 distribute this amount to the Public Employees Relations
37 Commission Trust Fund less $5,000 each month, which shall be
38 added to the amount calculated in subparagraph 3. and
39 distributed accordingly.
40 3. After the distribution under subparagraphs 1. and 2.,
41 0.0966 percent shall be transferred to the Local Government
42 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
43 to s. 218.65.
44 4. After the distributions under subparagraphs 1., 2., and
45 3., 2.0810 percent of the available proceeds shall be
46 transferred monthly to the Revenue Sharing Trust Fund for
47 Counties pursuant to s. 218.215.
48 5. After the distributions under subparagraphs 1., 2., and
49 3., 1.3653 percent of the available proceeds shall be
50 transferred monthly to the Revenue Sharing Trust Fund for
51 Municipalities pursuant to s. 218.215. If the total revenue to
52 be distributed pursuant to this subparagraph is at least as
53 great as the amount due from the Revenue Sharing Trust Fund for
54 Municipalities and the former Municipal Financial Assistance
55 Trust Fund in state fiscal year 1999-2000, no municipality shall
56 receive less than the amount due from the Revenue Sharing Trust
57 Fund for Municipalities and the former Municipal Financial
58 Assistance Trust Fund in state fiscal year 1999-2000. If the
59 total proceeds to be distributed are less than the amount
60 received in combination from the Revenue Sharing Trust Fund for
61 Municipalities and the former Municipal Financial Assistance
62 Trust Fund in state fiscal year 1999-2000, each municipality
63 shall receive an amount proportionate to the amount it was due
64 in state fiscal year 1999-2000.
65 6. Of the remaining proceeds:
66 a. In each fiscal year, the sum of $29,915,500 shall be
67 divided into as many equal parts as there are counties in the
68 state, and one part shall be distributed to each county. The
69 distribution among the several counties must begin each fiscal
70 year on or before January 5th and continue monthly for a total
71 of 4 months. If a local or special law required that any moneys
72 accruing to a county in fiscal year 1999-2000 under the then
73 existing provisions of s. 550.135 be paid directly to the
74 district school board, special district, or a municipal
75 government, such payment must continue until the local or
76 special law is amended or repealed. The state covenants with
77 holders of bonds or other instruments of indebtedness issued by
78 local governments, special districts, or district school boards
79 before July 1, 2000, that it is not the intent of this
80 subparagraph to adversely affect the rights of those holders or
81 relieve local governments, special districts, or district school
82 boards of the duty to meet their obligations as a result of
83 previous pledges or assignments or trusts entered into which
84 obligated funds received from the distribution to county
85 governments under then-existing s. 550.135. This distribution
86 specifically is in lieu of funds distributed under s. 550.135
87 before July 1, 2000.
88 b. The department shall distribute $166,667 monthly to each
89 applicant certified as a facility for a new or retained
90 professional sports franchise pursuant to s. 288.1162. Up to
91 $41,667 shall be distributed monthly by the department to each
92 certified applicant as defined in s. 288.11621 for a facility
93 for a spring training franchise. However, not more than $416,670
94 may be distributed monthly in the aggregate to all certified
95 applicants for facilities for spring training franchises.
96 Distributions begin 60 days after such certification and
97 continue for not more than 30 years, except as otherwise
98 provided in s. 288.11621. A certified applicant identified in
99 this sub-subparagraph may not receive more in distributions than
100 expended by the applicant for the public purposes provided in s.
101 288.1162(5) or s. 288.11621(3).
102 c. The department shall distribute up to $83,333 monthly to
103 each certified applicant as defined in s. 288.11631 for a
104 facility used by a single spring training franchise, or up to
105 $166,667 monthly to each certified applicant as defined in s.
106 288.11631 for a facility used by more than one spring training
107 franchise. Monthly distributions begin 60 days after such
108 certification or July 1, 2016, whichever is later, and continue
109 for not more than 20 years to each certified applicant as
110 defined in s. 288.11631 for a facility used by a single spring
111 training franchise or not more than 25 years to each certified
112 applicant as defined in s. 288.11631 for a facility used by more
113 than one spring training franchise. A certified applicant
114 identified in this sub-subparagraph may not receive more in
115 distributions than expended by the applicant for the public
116 purposes provided in s. 288.11631(3).
117 d. The department shall distribute $15,333 monthly to the
118 State Transportation Trust Fund.
119 e.(I) On or before July 25, 2021, August 25, 2021, and
120 September 25, 2021, the department shall distribute $324,533,334
121 in each of those months to the Unemployment Compensation Trust
122 Fund, less an adjustment for refunds issued from the General
123 Revenue Fund pursuant to s. 443.131(3)(e)3. before making the
124 distribution. The adjustments made by the department to the
125 total distributions shall be equal to the total refunds made
126 pursuant to s. 443.131(3)(e)3. If the amount of refunds to be
127 subtracted from any single distribution exceeds the
128 distribution, the department may not make that distribution and
129 must subtract the remaining balance from the next distribution.
130 (II) Beginning July 2022, and on or before the 25th day of
131 each month, the department shall distribute $90 million monthly
132 to the Unemployment Compensation Trust Fund.
133 (III) If the ending balance of the Unemployment
134 Compensation Trust Fund exceeds $4,071,519,600 on the last day
135 of any month, as determined from United States Department of the
136 Treasury data, the Office of Economic and Demographic Research
137 shall certify to the department that the ending balance of the
138 trust fund exceeds such amount.
139 (IV) This sub-subparagraph is repealed, and the department
140 shall end monthly distributions under sub-sub-subparagraph (II),
141 on the date the department receives certification under sub-sub
142 subparagraph (III).
143 f. Beginning July 1, 2023, in each fiscal year, the
144 department shall distribute $27.5 million to the Florida
145 Agricultural Promotional Campaign Trust Fund under s. 571.26,
146 for further distribution in accordance with s. 571.265.
147 7. All other proceeds must remain in the General Revenue
148 Fund.
149 Section 2. Subsection (1) of section 337.403, Florida
150 Statutes, is amended, and subsection (4) is added to that
151 section, to read:
152 337.403 Interference caused by utility; expenses.—
153 (1) If a utility that is placed upon, under, over, or
154 within the right-of-way limits of any public road or publicly
155 owned rail corridor is found by the authority to be unreasonably
156 interfering in any way with the convenient, safe, or continuous
157 use, or the maintenance, improvement, extension, or expansion,
158 of such public road or publicly owned rail corridor, the utility
159 owner must shall, within 30 days after upon 30 days’ written
160 notice to the utility or its agent by the authority, initiate
161 the work necessary to alleviate the interference at its own
162 expense except as provided in paragraphs (a)-(k) (a)-(j). The
163 work must be completed within such reasonable time as stated in
164 the notice or such time as agreed to by the authority and the
165 utility owner.
166 (a) If the relocation of utility facilities, as referred to
167 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
168 84-627, is necessitated by the construction of a project on the
169 federal-aid interstate system, including extensions thereof
170 within urban areas, and the cost of the project is eligible and
171 approved for reimbursement by the Federal Government to the
172 extent of 90 percent or more under the Federal-Aid Highway Act,
173 or any amendment thereof, then in that event the utility owning
174 or operating such facilities must shall perform any necessary
175 work upon notice from the department, and the state must shall
176 pay the entire expense properly attributable to such work after
177 deducting therefrom any increase in the value of a new facility
178 and any salvage value derived from an old facility.
179 (b) When a joint agreement between the department and the
180 utility is executed for utility work to be accomplished as part
181 of a contract for construction of a transportation facility, the
182 department may participate in those utility work costs that
183 exceed the department’s official estimate of the cost of the
184 work by more than 10 percent. The amount of such participation
185 is limited to the difference between the official estimate of
186 all the work in the joint agreement plus 10 percent and the
187 amount awarded for this work in the construction contract for
188 such work. The department may not participate in any utility
189 work costs that occur as a result of changes or additions during
190 the course of the contract.
191 (c) When an agreement between the department and utility is
192 executed for utility work to be accomplished in advance of a
193 contract for construction of a transportation facility, the
194 department may participate in the cost of clearing and grubbing
195 necessary to perform such work.
196 (d) If the utility facility was initially installed to
197 exclusively serve the authority or its tenants, or both, the
198 authority must shall bear the costs of the utility work.
199 However, the authority is not responsible for the cost of
200 utility work related to any subsequent additions to that
201 facility for the purpose of serving others. For a county or
202 municipality, if such utility facility was installed in the
203 right-of-way as a means to serve a county or municipal facility
204 on a parcel of property adjacent to the right-of-way and if the
205 intended use of the county or municipal facility is for a use
206 other than transportation purposes, the obligation of the county
207 or municipality to bear the costs of the utility work shall
208 extend only to utility work on the parcel of property on which
209 the facility of the county or municipality originally served by
210 the utility facility is located.
211 (e) If, under an agreement between a utility and the
212 authority entered into after July 1, 2009, the utility conveys,
213 subordinates, or relinquishes a compensable property right to
214 the authority for the purpose of accommodating the acquisition
215 or use of the right-of-way by the authority, without the
216 agreement expressly addressing future responsibility for the
217 cost of necessary utility work, the authority must shall bear
218 the cost of removal or relocation. This paragraph does not
219 impair or restrict, and may not be used to interpret, the terms
220 of any such agreement entered into before July 1, 2009.
221 (f) If the utility is an electric facility being relocated
222 underground in order to enhance vehicular, bicycle, and
223 pedestrian safety and in which ownership of the electric
224 facility to be placed underground has been transferred from a
225 private to a public utility within the past 5 years, the
226 department must shall incur all costs of the necessary utility
227 work.
228 (g) An authority may bear the costs of utility work
229 required to eliminate an unreasonable interference when the
230 utility is not able to establish that it has a compensable
231 property right in the particular property where the utility is
232 located if:
233 1. The utility was physically located on the particular
234 property before the authority acquired rights in the property;
235 2. The utility demonstrates that it has a compensable
236 property right in adjacent properties along the alignment of the
237 utility or, after due diligence, certifies that the utility does
238 not have evidence to prove or disprove that it has a compensable
239 property right in the particular property where the utility is
240 located; and
241 3. The information available to the authority does not
242 establish the relative priorities of the authority’s and the
243 utility’s interests in the particular property.
244 (h) If a municipally owned utility or county-owned utility
245 is located in a rural area of opportunity, as defined in s.
246 288.0656(2), and the department determines that the utility is
247 unable, and will not be able within the next 10 years, to pay
248 for the cost of utility work necessitated by a department
249 project on the State Highway System, the department may pay, in
250 whole or in part, the cost of such utility work performed by the
251 department or its contractor.
252 (i) If the relocation of utility facilities is necessitated
253 by the construction of a commuter rail service project or an
254 intercity passenger rail service project and the cost of the
255 project is eligible and approved for reimbursement by the
256 Federal Government, then in that event the utility owning or
257 operating such facilities located by permit on a department
258 owned rail corridor must shall perform any necessary utility
259 relocation work upon notice from the department, and the
260 department must shall pay the expense properly attributable to
261 such utility relocation work in the same proportion as federal
262 funds are expended on the commuter rail service project or an
263 intercity passenger rail service project after deducting
264 therefrom any increase in the value of a new facility and any
265 salvage value derived from an old facility. In no event is shall
266 the state be required to use state dollars for such utility
267 relocation work. This paragraph does not apply to any phase of
268 the Central Florida Commuter Rail project, known as SunRail.
269 (j) If a utility is lawfully located within an existing and
270 valid utility easement granted by recorded plat, regardless of
271 whether such land was subsequently acquired by the authority by
272 dedication, transfer of fee, or otherwise, the authority must
273 bear the cost of the utility work required to eliminate an
274 unreasonable interference. The authority shall pay the entire
275 expense properly attributable to such work after deducting any
276 increase in the value of a new facility and any salvage value
277 derived from an old facility.
278 (k) If a county or municipal authority requires a provider
279 of communications services which is subject to chapter 202 to
280 relocate a facility used to provide such communications
281 services, the service provider owning or operating such facility
282 must initiate any necessary work upon notice from the authority.
283 The county or municipal authority requiring such relocation is
284 not responsible for paying the expense of such work, except as
285 otherwise provided in this subsection. The service provider may
286 apply for reimbursement of relocation expenses from the Utility
287 Relocation Reimbursement Grant Program pursuant to s. 337.4031,
288 subject to the availability of funds and in compliance with the
289 requirements of the program. If funds are not available, the
290 county or municipal authority requiring such relocation remains
291 not responsible for paying the expense of such work, except as
292 otherwise provided in this subsection.
293 (4) Notwithstanding paragraph (1)(k), a department shall
294 notify providers of communications services that are subject to
295 chapter 202 which have permitted infrastructure within a planned
296 or existing public right-of-way within 90 days after a project
297 is added to the department’s project schedule which may require
298 the provider to relocate its infrastructure for roadway
299 improvements to increase safety or reduce congestion. For
300 purposes of this subsection, the term “department” means the
301 Department of Transportation or an agency of the state created
302 under chapter 348 or chapter 349.
303 (a) The notification provided under this subsection must
304 include an estimated project schedule and timeline, including
305 the anticipated year of construction.
306 (b) Within 90 days after receipt of the notification, the
307 provider shall respond to the department with an estimated
308 timeframe and project cost for the relocation of the provider’s
309 infrastructure. The response must include a draft relocation
310 schedule within or adjacent to the existing or planned public
311 right-of-way.
312 (c) Notwithstanding any other provision of this section,
313 the department shall provide a reasonable offer for joint
314 participation in relocation costs, so long as the provider
315 initiates work within a mutually agreed upon timeframe and, if
316 the infrastructure relocation is a result of roadway
317 improvements within the public right-of-way to increase safety
318 or reduce congestion and the impacted infrastructure was, at the
319 time of notification under this subsection, installed within the
320 past 7 state fiscal years, the department must incur at least 50
321 percent of the costs for relocation work as described in a joint
322 participation agreement.
323 (d) This subsection may not be construed to prevent a
324 department from pursuing the additional relocation processes,
325 agreements, or payment options authorized under this section or
326 to prevent a provider from using grant funds provided through
327 other government sources to support all or a portion of the
328 relocation costs.
329 Section 3. Section 337.4031, Florida Statutes, is created
330 to read:
331 337.4031 Utility Relocation Reimbursement Grant Program.—
332 (1) There is created within the Department of Commerce the
333 Utility Relocation Reimbursement Grant Program. The purpose of
334 the program is to reimburse providers of communications services
335 which are subject to chapter 202 for eligible costs incurred in
336 relocating facilities at the request of a county or municipal
337 authority.
338 (2) Beginning October 1, 2025, the Department of Revenue
339 shall deposit the proceeds to be distributed to the Department
340 of Commerce pursuant to s. 212.20(6)(d)2.a. into a separate
341 account within the Grants and Donations Trust Fund to fund the
342 Utility Relocation Reimbursement Grant Program.
343 (3) The Department of Commerce shall establish by rule all
344 of the following:
345 (a) The criteria and process by which service providers may
346 apply for reimbursement.
347 (b) The minimum documentation required to verify eligible
348 relocation costs. Such costs must be prudent and reasonable in
349 order to be eligible for reimbursement.
350 (c) The timeline for application review and reimbursement
351 disbursement, which may not exceed 90 days from submission.
352 (4) Program funds may be used only to reimburse actual,
353 documented expenses directly attributable to the physical
354 relocation of facilities required by a county or municipal
355 authority. Reimbursement may not be made to a service provider
356 for indirect or administrative costs.
357 (5) Program funds are exempt from s. 215.20 and any
358 interest earnings shall accrue to the program’s fund.
359 (6) The Department of Commerce is authorized to adopt
360 emergency rules pursuant to s. 120.54(4) to administer and
361 enforce the provisions of this section.
362 Section 4. Subsection (5) of section 125.42, Florida
363 Statutes, is amended to read:
364 125.42 Water, sewage, gas, power, telephone, other utility,
365 and television lines within the right-of-way limits of county
366 roads and highways.—
367 (5) In the event of widening, repair, or reconstruction of
368 any such road, the licensee shall move or remove such water,
369 sewage, gas, power, telephone, and other utility lines and
370 television lines at no cost to the county should they be found
371 by the county to be unreasonably interfering, except as provided
372 in s. 337.403(1)(d)-(k) s. 337.403(1)(d)-(j).
373 Section 5. Paragraph (b) of subsection (2) of section
374 202.18, Florida Statutes, is amended to read:
375 202.18 Allocation and disposition of tax proceeds.—The
376 proceeds of the communications services taxes remitted under
377 this chapter shall be treated as follows:
378 (2) The proceeds of the taxes remitted under s.
379 202.12(1)(b) shall be allocated as follows:
380 (b) Fifty-five and nine-tenths percent of the remainder
381 shall be allocated to the state and distributed pursuant to s.
382 212.20(6), except that the proceeds allocated pursuant to s.
383 212.20(6)(d)2.b. s. 212.20(6)(d)2. shall be prorated to the
384 participating counties in the same proportion as that month’s
385 collection of the taxes and fees imposed pursuant to chapter 212
386 and paragraph (1)(b).
387 Section 6. Paragraph (a) of subsection (3) of section
388 212.181, Florida Statutes, is amended to read:
389 212.181 Determination of business address situs,
390 distributions, and adjustments.—
391 (3)(a) For distributions made pursuant to ss. 125.0104 and
392 212.20(6)(a), (b), and (d)2.b. (d)2., misallocations occurring
393 solely due to the assignment of an address to an incorrect
394 county will be corrected prospectively only from the date the
395 department is made aware of the misallocation, subject to the
396 following:
397 1. If the county that should have received the misallocated
398 distributions followed the notification and timing provisions in
399 subsection (2) for the affected periods, such misallocations may
400 be adjusted by prorating current and future distributions for
401 the period the misallocation occurred, not to exceed 36 months
402 from the date the department is made aware of the misallocation.
403 2. If the county that received the misallocated
404 distribution followed the notification and timing provisions in
405 subsection (2) for the affected periods and the county that
406 should have received the misallocation did not, the correction
407 shall apply only prospectively from the date the department is
408 made aware of the misallocation.
409 Section 7. Subsection (5) of section 218.65, Florida
410 Statutes, is amended to read:
411 218.65 Emergency distribution.—
412 (5) At the beginning of each fiscal year, the Department of
413 Revenue shall calculate a base allocation for each eligible
414 county equal to the difference between the current per capita
415 limitation times the county’s population, minus prior year
416 ordinary distributions to the county pursuant to ss.
417 212.20(6)(d)2.b. 212.20(6)(d)2., 218.61, and 218.62. If moneys
418 deposited into the Local Government Half-cent Sales Tax Clearing
419 Trust Fund pursuant to s. 212.20(6)(d)3., excluding moneys
420 appropriated for supplemental distributions pursuant to
421 subsection (8), for the current year are less than or equal to
422 the sum of the base allocations, each eligible county shall
423 receive a share of the appropriated amount proportional to its
424 base allocation. If the deposited amount exceeds the sum of the
425 base allocations, each county shall receive its base allocation,
426 and the excess appropriated amount, less any amounts distributed
427 under subsection (6), shall be distributed equally on a per
428 capita basis among the eligible counties.
429 Section 8. The Legislature finds and declares that this act
430 fulfills an important state interest.
431 Section 9. From the funds distributed to the Department of
432 Commerce pursuant to s. 212.20(6)(d)2.a., Florida Statutes, and
433 for the 2025-2026 fiscal year, the sum of $50 million in
434 nonrecurring funds is appropriated from the Grants and Donations
435 Trust Fund within the Department of Commerce for the Utility
436 Relocation Reimbursement Grant Program pursuant to s. 337.4031,
437 Florida Statutes.
438 Section 10. This act shall take effect October 1, 2025.
439
440 ================= T I T L E A M E N D M E N T ================
441 And the title is amended as follows:
442 Delete everything before the enacting clause
443 and insert:
444 A bill to be entitled
445 An act relating to utility relocation; amending s.
446 202.20, F.S.; requiring that a specified amount of
447 communications services tax remittances be distributed
448 by the Department of Revenue by a nonoperating
449 transfer to the Department of Commerce in monthly
450 installments to the Grants and Donations Trust Fund
451 within the Department of Commerce for the Utility
452 Relocation Reimbursement Grant Program; revising the
453 percentage by which a certain amount transferred into
454 the Local Government Half-cent Sales Tax Clearing
455 Trust Fund must be reduced, beginning on a certain
456 date; amending s. 337.403, F.S.; requiring a service
457 provider to initiate communications services facility
458 relocation work under certain circumstances;
459 specifying that a county or municipal authority is not
460 responsible for paying the expense properly
461 attributable to such work except as otherwise
462 provided; authorizing a service provider to apply to
463 the Utility Relocation Reimbursement Grant Program for
464 reimbursement of relocation expenses; requiring a
465 department to notify certain providers of
466 communications services of certain projects within a
467 specified timeframe; defining the term “department”;
468 providing notification requirements; requiring a
469 provider to respond to the notification with certain
470 information within a specified timeframe; requiring
471 the department to provide a reasonable offer for joint
472 participation in certain relocation costs under
473 certain conditions; providing construction; creating
474 s. 337.4031, F.S.; creating the Utility Relocation
475 Reimbursement Grant Program within the Department of
476 Commerce; providing the purpose of the program;
477 requiring the Department of Revenue to deposit certain
478 proceeds into a specified trust fund to fund the
479 program beginning on a certain date; requiring the
480 Department of Commerce to establish program
481 requirements by rule; authorizing only certain uses of
482 program funds; exempting program funds from a certain
483 service charge; providing that interest earned on
484 program funds accrues to the program’s fund;
485 authorizing emergency rulemaking; amending ss. 125.42,
486 202.18, 212.181, and 218.65, F.S.; conforming cross
487 references; providing a finding and declaration of
488 important state interest; providing an appropriation;
489 providing an effective date.