Title: School Safety

Summary: Providing that state sales and use taxes collected on firearms and ammunition shall be allocated to the Safe Schools Trust Fund rather than the General Revenue Fund; providing that a student present within a school safety zone who is carrying a weapon or firearm in violation of specified provisions may avoid charges by surrendering the weapon or firearm to a specified person at the earliest opportunity if the student has committed no other offense involving the weapon or firearm, etc.

Full Text:
An act relating to school safety; amending s. 212.20, F.S.; providing that state sales and use taxes collected on firearms and ammunition shall be allocated to the Safe Schools Trust Fund rather than the General Revenue Fund; creating s. 790.0535, F.S.; providing that a student present within a school safety zone who is carrying a weapon or firearm in violation of specified provisions may avoid charges by surrendering the weapon or firearm to a specified person at the earliest opportunity if the student has committed no other offense involving the weapon or firearm; amending s. 1006.025, F.S.; requiring a school district s guidance plan to include mandatory guidance counseling for certain students in school safety issues; amending ss. 11.45, 202.18, 218.245, 218.65, 288.11621, and 288.1169, F.S.; conforming cross-references; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (d) of subsection (6) of section 212.20, Florida Statutes, is redesignated as paragraph (e), and a new paragraph (d) is added to that section, to read: 212.20 Funds collected, disposition; additional powers of department; operational expense; refund of taxes adjudicated unconstitutionally collected.  (6) Distribution of all proceeds under this chapter and s. 202.18(1)(b) and (2)(b) shall be as follows: (d) Proceeds from the taxes collected under s. 212.06 on sales and use of ammunition, as defined in s. 790.001,or a firearm, as defined in s. 790.001,shall be distributed to the Safe Schools Trust Fund. Section 2. Section 790.0535, Florida Statutes, is created to read: 790.0535  Surrender of weapon or firearm in school safety zone; immunity. A student who is within a school safety zone, as defined in s. 810.0975,and is otherwise in violation of s. 790.01,s. 790.053,or s. 790.06 (12) due to the carrying of a weapon or firearm may not be charged with such violation if he or she: (1) At the earliest opportunity after entering the school safety zone surrenders the weapon or firearm to a law enforcement officer, school principal, or other person designated by the school principal. (2) Has committed no other violation of law involving the weapon or firearm. Section 3. Subsection (4) is added to section 1006.025, Florida Statutes, to read: 1006.025 Guidance services.  (4) Each school district s guidance plan shall include mandatory guidance counseling in school safety issues for students in kindergarten through grade using Florida s School Counseling and Guidance Framework. Section 4. Paragraph (a) of subsection (5) of section 11.45, Florida Statutes, is amended to read: 11.45 Definitions; duties; authorities; reports; rules.  (5) PETITION FOR AN AUDIT BY THE AUDITOR GENERAL.  (a) The Legislative Auditing Committee shall direct the Auditor General to make an audit of any municipality whenever petitioned to do so by at least percent of the registered electors in the last general election of that municipality pursuant to this subsection. The supervisor of elections of the county in which the municipality is located shall certify whether or not the petition contains the signatures of at least percent of the registered electors of the municipality. After the completion of the audit, the Auditor General shall determine whether the municipality has the fiscal resources necessary to pay the cost of the audit. The municipality shall pay the cost of the audit within days after the Auditor General s determination that the municipality has the available resources. If the municipality fails to pay the cost of the audit, the Department of Revenue shall, upon certification of the Auditor General, withhold from that portion of the distribution pursuant to s. 212.20 (6)(e)5. 212.20 (6)(d)5. which is distributable to such municipality, a sum sufficient to pay the cost of the audit and shall deposit that sum into the General Revenue Fund of the state. Section 5. Paragraph (b) of subsection (2) of section 202.18, Florida Statutes, is amended to read: 202.18 Allocation and disposition of tax proceeds. The proceeds of the communications services taxes remitted under this chapter shall be treated as follows: (2) The proceeds of the taxes remitted under s. 202.12(1)(b) shall be divided as follows: (b) Sixty-three percent of the remainder shall be allocated to the state and distributed pursuant to s. 212.20(6), except that the proceeds allocated pursuant to s. 212.20 (6)(e)2. 212.20 (6)(d)2. shall be prorated to the participating counties in the same proportion as that month s collection of the taxes and fees imposed pursuant to chapter and paragraph (1)(b). Section 6. Subsection (3) of section 218.245, Florida Statutes, is amended to read: 218.245 Revenue sharing; apportionment.  (3) Revenues attributed to the increase in distribution to the Revenue Sharing Trust Fund for Municipalities pursuant to s. 212.20 (6)(e)5. 212.20 (6)(d)5. from 1.0715 percent to 1.3409 percent provided in chapter 2003-402, Laws of Florida, shall be distributed to each eligible municipality and any unit of local government that is consolidated as provided by s. 9, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII, 1968 revised constitution, as follows: each eligible local government s allocation shall be based on the amount it received from the half-cent sales tax under s. 218.61 in the prior state fiscal year divided by the total receipts under s. 218.61 in the prior state fiscal year for all eligible local governments. However, for the purpose of calculating this distribution, the amount received from the half-cent sales tax under s. 218.61 in the prior state fiscal year by a unit of local government which is consolidated as provided by s. 9, Art. VIII of the State Constitution of 1885, as amended, and as preserved by s. 6(e), Art. VIII, of the Constitution as revised in 1968, shall be reduced by percent for such local government and for the total receipts. For eligible municipalities that began participating in the allocation of half-cent sales tax under s. 218.61 in the previous state fiscal year, their annual receipts shall be calculated by dividing their actual receipts by the number of months they participated, and the result multiplied by 12. Section 7. Subsections (5), (6), and (7) of section 218.65, Florida Statutes, are amended to read: 218.65 Emergency distribution.  (5) At the beginning of each fiscal year, the Department of Revenue shall calculate a base allocation for each eligible county equal to the difference between the current per capita limitation times the county s population, minus prior year ordinary distributions to the county pursuant to ss. 212.20 (6)(e)2. 212.20 (6)(d)2.,218.61, and 218.62. If moneys deposited into the Local Government Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20(6)(d)3., excluding moneys appropriated for supplemental distributions pursuant to subsection (8), for the current year are less than or equal to the sum of the base allocations, each eligible county shall receive a share of the appropriated amount proportional to its base allocation. If the deposited amount exceeds the sum of the base allocations, each county shall receive its base allocation, and the excess appropriated amount, less any amounts distributed under subsection (6), shall be distributed equally on a per capita basis among the eligible counties. (6) If moneys deposited in the Local Government Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20 (6)(e)3. 212.20 (6)(d)3. exceed the amount necessary to provide the base allocation to each eligible county, the moneys in the trust fund may be used to provide a transitional distribution, as specified in this subsection, to certain counties whose population has increased. The transitional distribution shall be made available to each county that qualified for a distribution under subsection (2) in the prior year but does not, because of the requirements of paragraph (2)(a), qualify for a distribution in the current year. Beginning on July of the year following the year in which the county no longer qualifies for a distribution under subsection (2), the county shall receive two-thirds of the amount received in the prior year, and beginning July of the second year following the year in which the county no longer qualifies for a distribution under subsection (2), the county shall receive one-third of the amount it received in the last year it qualified for the distribution under subsection (2). If insufficient moneys are available in the Local Government Half cent Sales Tax Clearing Trust Fund to fully provide such a transitional distribution to each county that meets the eligibility criteria in this section, each eligible county shall receive a share of the available moneys proportional to the amount it would have received had moneys been sufficient to fully provide such a transitional distribution to each eligible county. (7) There is hereby annually appropriated from the Local Government Half-cent Sales Tax Clearing Trust Fund the distribution provided in s. 212.20 (6)(e)3. 212.20 (6)(d)3. to be used for emergency and supplemental distributions pursuant to this section. Section 8. Paragraphs (a) and (d) of subsection (3) of section 288.11621, Florida Statutes, are amended to read: 288.11621 Spring training baseball franchises.  (3) USE OF FUNDS.  (a) A certified applicant may use funds provided under s. 212.20 (6)(e)6.b. 212.20 (6)(d)6.b. only to: 1. Serve the public purpose of acquiring, constructing, reconstructing, or renovating a facility for a spring training franchise. 2. Pay or pledge for the payment of debt service on, or to fund debt service reserve funds, arbitrage rebate obligations, or other amounts payable with respect thereto, bonds issued for the acquisition, construction, reconstruction, or renovation of such facility, or for the reimbursement of such costs or the refinancing of bonds issued for such purposes. 3. Assist in the relocation of a spring training franchise from one unit of local government to another only if the governing board of the current host local government by a majority vote agrees to relocation. (d)1. All certified applicants must place unexpended state funds received pursuant to s. 212.20 (6)(e)6.b. 212.20 (6)(d)6.b. in a trust fund or separate account for use only as authorized in this section. 2. A certified applicant may request that the Department of Revenue suspend further distributions of state funds made available under s. 212.20 (6)(e)6.b. 212.20 (6)(d)6.b. for months after expiration of an existing agreement with a spring training franchise to provide the certified applicant with an opportunity to enter into a new agreement with a spring training franchise, at which time the distributions shall resume. 3. The expenditure of state funds distributed to an applicant certified before July 1, 2010, must begin within months after the initial receipt of the state funds. In addition, the construction of, or capital improvements to, a spring training facility must be completed within months after the project s commencement. Section 9. Subsection (6) of section 288.1169, Florida Statutes, is amended to read: 288.1169 International Game Fish Association World Center facility.  (6) The department must recertify every years that the facility is open, that the International Game Fish Association World Center continues to be the only international administrative headquarters, fishing museum, and Hall of Fame in the United States recognized by the International Game Fish Association, and that the project is meeting the minimum projections for attendance or sales tax revenues as required at the time of original certification. If the facility is not recertified during this 10-year review as meeting the minimum projections, then funding shall be abated until certification criteria are met. If the project fails to generate $1 million of annual revenues pursuant to paragraph (2)(e), the distribution of revenues pursuant to s. 212.20 (6)(e)6.d. 212.20 (6)(d)6.d. shall be reduced to an amount equal to $83,333 multiplied by a fraction, the numerator of which is the actual revenues generated and the denominator of which is $1 million. Such reduction remains in effect until revenues generated by the project in a 12-month period equal or exceed $1 million. Section 10. This act shall take effect July 1, 2013.