Bill Text: FL H0595 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Revitalizing Municipalities

Spectrum: Bipartisan Bill

Status: (Failed) 2012-03-09 - Died in Finance and Tax Committee [H0595 Detail]

Download: Florida-2012-H0595-Introduced.html

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HB 595

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.
53	212.05(1)(h)3. and 212.18(3) shall remain with the General
54	Revenue Fund.
55	(d)  The proceeds of all other taxes and fees imposed
56	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
57	and (2)(b) shall be distributed as follows:
58	1.  In any fiscal year, the greater of $500 million, minus
59	an amount equal to 4.6 percent of the proceeds of the taxes
60	collected pursuant to chapter 201, or 5.2 percent of all other
61	taxes and fees imposed pursuant to this chapter or remitted
62	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
63	monthly installments into the General Revenue Fund.
64	2.  After the distribution under subparagraph 1., 8.814
65	percent of the amount remitted by a sales tax dealer located
66	within a participating county pursuant to s. 218.61 shall be
67	transferred into the Local Government Half-cent Sales Tax
68	Clearing Trust Fund. Beginning July 1, 2003, the amount to be
69	transferred shall be reduced by 0.1 percent, and the department
70	shall distribute this amount to the Public Employees Relations
71	Commission Trust Fund less $5,000 each month, which shall be
72	added to the amount calculated in subparagraph 3. and
73	distributed accordingly.
74	3.  After the distribution under subparagraphs 1. and 2.,
75	0.095 percent shall be transferred to the Local Government Half-
76	cent Sales Tax Clearing Trust Fund and distributed pursuant to
77	s. 218.65.
78	4.  After the distributions under subparagraphs 1., 2., and
79	3., 2.0440 percent of the available proceeds shall be
80	transferred monthly to the Revenue Sharing Trust Fund for
81	Counties pursuant to s. 218.215.
82	5.  After the distributions under subparagraphs 1., 2., and
83	3., 1.3409 percent of the available proceeds plus the amount
84	required under s. 290.017(3) shall be transferred monthly to the
85	Revenue Sharing Trust Fund for Municipalities pursuant to s.
86	218.215. If the total revenue to be distributed pursuant to this
87	subparagraph is at least as great as the amount due from the
88	Revenue Sharing Trust Fund for Municipalities and the former
89	Municipal Financial Assistance Trust Fund in state fiscal year
90	1999-2000, no municipality shall receive less than the amount
91	due from the Revenue Sharing Trust Fund for Municipalities and
92	the former Municipal Financial Assistance Trust Fund in state
93	fiscal year 1999-2000. If the total proceeds to be distributed
94	are less than the amount received in combination from the
95	Revenue Sharing Trust Fund for Municipalities and the former
96	Municipal Financial Assistance Trust Fund in state fiscal year
97	1999-2000, each municipality shall receive an amount
98	proportionate to the amount it was due in state fiscal year
99	1999-2000.
100	6.  Of the remaining proceeds:
101	a.  In each fiscal year, the sum of $29,915,500 shall be
102	divided into as many equal parts as there are counties in the
103	state, and one part shall be distributed to each county. The
104	distribution among the several counties must begin each fiscal
105	year on or before January 5th and continue monthly for a total
106	of 4 months. If a local or special law required that any moneys
107	accruing to a county in fiscal year 1999-2000 under the then-
108	existing provisions of s. 550.135 be paid directly to the
109	district school board, special district, or a municipal
110	government, such payment must continue until the local or
111	special law is amended or repealed. The state covenants with
112	holders of bonds or other instruments of indebtedness issued by
113	local governments, special districts, or district school boards
114	before July 1, 2000, that it is not the intent of this
115	subparagraph to adversely affect the rights of those holders or
116	relieve local governments, special districts, or district school
117	boards of the duty to meet their obligations as a result of
118	previous pledges or assignments or trusts entered into which
119	obligated funds received from the distribution to county
120	governments under then-existing s. 550.135. This distribution
121	specifically is in lieu of funds distributed under s. 550.135
122	before July 1, 2000.
123	b.  The department shall distribute $166,667 monthly
124	pursuant to s. 288.1162 to each applicant certified as a
125	facility for a new or retained professional sports franchise
126	pursuant to s. 288.1162. Up to $41,667 shall be distributed
127	monthly by the department to each certified applicant as defined
128	in s. 288.11621 for a facility for a spring training franchise.
129	However, not more than $416,670 may be distributed monthly in
130	the aggregate to all certified applicants for facilities for
131	spring training franchises. Distributions begin 60 days after
132	such certification and continue for not more than 30 years,
133	except as otherwise provided in s. 288.11621. A certified
134	applicant identified in this sub-subparagraph may not receive
135	more in distributions than expended by the applicant for the
136	public purposes provided for in s. 288.1162(5) or s.
137	288.11621(3).
138	c.  Beginning 30 days after notice by the Department of
139	Economic Opportunity to the Department of Revenue that an
140	applicant has been certified as the professional golf hall of
141	fame pursuant to s. 288.1168 and is open to the public, $166,667
142	shall be distributed monthly, for up to 300 months, to the
143	applicant.
144	d.  Beginning 30 days after notice by the Department of
145	Economic Opportunity to the Department of Revenue that the
146	applicant has been certified as the International Game Fish
147	Association World Center facility pursuant to s. 288.1169, and
148	the facility is open to the public, $83,333 shall be distributed
149	monthly, for up to 168 months, to the applicant. This
150	distribution is subject to reduction pursuant to s. 288.1169. A
151	lump sum payment of $999,996 shall be made, after certification
152	and before July 1, 2000.
153	7.  All other proceeds must remain in the General Revenue
154	Fund.
155	Section 2.  Subsection (3) of section 218.23, Florida
156	Statutes, 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
159	this part is determined by the following formula:
160	(a)  First, the entitlement of an eligible unit of local
161	government shall be computed on the basis of the apportionment
162	factor provided in s. 218.245, which shall be applied for all
163	eligible units of local government to all receipts available for
164	distribution in the respective revenue sharing trust fund.
165	(b)  Second, revenue shared with eligible units of local
166	government for any fiscal year shall be adjusted so that no
167	eligible unit of local government receives less funds than its
168	guaranteed entitlement.
169	(c)  Third, revenues shared with counties for any fiscal
170	year shall be adjusted so that no county receives less funds
171	than its guaranteed entitlement plus the second guaranteed
172	entitlement for counties.
173	(d)  Fourth, revenue shared with units of local government
174	for any fiscal year shall be adjusted so that no unit of local
175	government 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
178	fund for municipalities shall be distributed to the appropriate
179	designated redevelopment agency eligible for a distribution
180	under s. 290.017.
181	(f)(e)  Sixth Fifth, after the adjustments provided in
182	paragraphs (b), (c), and (d), and (e), and after deducting the
183	amount committed to all the units of local government, the funds
184	remaining in the respective trust funds shall be distributed to
185	those eligible units of local government which qualify to
186	receive additional moneys beyond the guaranteed entitlement, on
187	the basis of the additional money of each qualified unit of
188	local government in proportion to the total additional money of
189	all qualified units of local government.
190	Section 3.  Section 290.017, Florida Statutes, is created
191	to read:
192	290.017  Intent and purpose; sales tax increment
193	redevelopment districts.-
194	(1)(a)  By authorizing the creation of sales tax increment
195	redevelopment districts within municipalities located within a
196	designated enterprise zone, the Legislature intends to generally
197	improve the economic conditions within the enterprise zone, and
198	particularly within the economically depressed area of a
199	municipality that comprises a sales tax increment redevelopment
200	district.
201	(b)  By allowing the designated redevelopment agency for
202	the enterprise zone where the sales tax increment redevelopment
203	district is located to share with the state any annual increase
204	in sales tax collections, the Legislature intends to provide
205	local financing for public and private improvements that will
206	foster job growth and enhance the commercial base of local
207	merchants.
208	(2)  Any municipality that has designated an enterprise
209	zone or all the governing bodies in the case of a county and one
210	or more municipalities having designated an enterprise zone may
211	adopt a resolution that creates a sales tax increment
212	redevelopment district within any municipality that is part of
213	or comprises an entire enterprise zone if the municipality has a
214	population greater than 250,000. The designated redevelopment
215	agency for the enterprise zone where the sales tax redevelopment
216	district is located is eligible for a percentage distribution
217	from the Revenue Sharing Trust Fund for Municipalities of the
218	increased collections of the state tax on sales, use, and other
219	transactions realized during any month by the municipality over
220	the same monthly period of the previous 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
224	$1 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
232	designated redevelopment agency must be determined monthly by
233	the Department of Revenue for distribution to the appropriate
234	eligible designated redevelopment agency in accordance with
235	subsection (2). The Department of Revenue must determine monthly
236	the 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 eligible redevelopment agency is
248	empowered to:
249	(a)  Enter into cooperative contracts and agreements with a
250	county, municipality, governmental agency, or private entity for
251	services and assistance;
252	(b)  Acquire, own, convey, construct, maintain, improve,
253	and manage property and facilities and grant and acquire
254	licenses, easements, and options with respect to such property;
255	(c)  Accept grants and donations of property, labor, or
256	other things of value from any public or private source;
257	(d)  Control the expenditure of funds legally available to
258	it, subject to limitations imposed by law or any valid agreement
259	or contract;
260	(e)  Promote and advertise the commercial advantages of the
261	district in order to attract new businesses and encourage the
262	expansion of existing businesses;
263	(f)  Promote and advertise the district to the public and
264	engage in cooperative advertising programs with businesses
265	located in the district;
266	(g)  Identify areas with blighted influences and develop
267	programs for remediating such influences.
268	(h)  If authorized or approved by resolution or ordinance
269	of the governing body that created the sales tax increment
270	redevelopment district, use the distribution of sales tax
271	proceeds provided for under this section for the purpose of
272	issuing revenue bonds to finance redevelopment of the district,
273	including the payment of principal and interest upon any
274	advances for surveys and plans or preliminary loans.
275	1.  Bonds issued under this paragraph do not constitute an
276	indebtedness within the meaning of any constitutional or
277	statutory debt limitation or restriction and are not subject to
278	the provisions of any other law or charter relating to the
279	authorization, issuance, or sale of bonds. Bonds issued under
280	this paragraph are declared to be issued for an essential public
281	and governmental purpose, and the interest and income from the
282	bonds are exempt from all taxes, except taxes imposed by chapter
283	220 on corporations.
284	2.  Bonds issued under this paragraph may be issued in one
285	or more series and may bear such date or dates, be payable upon
286	demand or mature at such time or times, bear interest at such
287	rate or rates, be in such denomination or denominations, be in
288	such form either with or without coupon or registered, carry
289	such conversion or registration privileges, have such rank or
290	priority, be executed in such manner, be payable in such medium
291	of payment at such place or places, be subject to such terms of
292	redemption (with or without premium), be secured in such manner,
293	and have such other characteristics as may be provided by the
294	resolution or ordinance authorizing their issuance. Bonds issued
295	under this paragraph may be sold in such manner, either at
296	public or private sale, and for such price as the designated
297	redevelopment agency may determine will effectuate the purposes
298	of this section.
299	3.  In any suit, action, or proceeding involving the
300	validity or enforceability of any bond issued under this
301	paragraph, any bond that recites in substance that it has been
302	issued by the designated redevelopment agency in connection with
303	the sales tax increment district for a purpose authorized under
304	this section is conclusively presumed to have been issued for
305	that purpose, and any project financed by the bond is
306	conclusively presumed to have been planned and carried out in
307	accordance with the intended purposes of this section.
308
309	If any sales tax proceeds distributed under this section are to
310	be expended in a manner that directly inures to the benefit of a
311	privately sponsored project in a designated enterprise zone or
312	in a sales tax increment redevelopment district created under
313	this section, the expenditure of such proceeds must be
314	contingent upon a negotiated development agreement between the
315	private sponsor and the applicable redevelopment agency that
316	includes a binding term requiring the creation of no less than
317	500 full-time jobs.
318	Section 4.  This act shall take effect July 1, 2012.

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