Senate Bill sb2028

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    Florida Senate - 2005                                  SB 2028

    By Senator Margolis





    35-1065-05

  1                      A bill to be entitled

  2         An act relating to the tax on sales, use, and

  3         other transactions; amending s. 212.20, F.S.;

  4         providing for the distribution of a portion of

  5         revenues from the tax to eligible publicly

  6         owned football facilities; providing

  7         limitations on the uses of the funds; creating

  8         s. 288.1174, F.S.; providing for the Office of

  9         Tourism, Trade, and Economic Development to

10         certify eligible publicly owned football

11         facilities; requiring the office to adopt

12         rules; defining the term "publicly owned

13         football facility"; providing requirements for

14         certification; providing for the uses of funds

15         distributed under this act; providing for

16         audits by the Department of Revenue; providing

17         for the revocation of certification; providing

18         an effective date.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Paragraph (d) of subsection (6) of section

23  212.20, Florida Statutes, is amended to read:

24         212.20  Funds collected, disposition; additional powers

25  of department; operational expense; refund of taxes

26  adjudicated unconstitutionally collected.--

27         (6)  Distribution of all proceeds under this chapter

28  and s. 202.18(1)(b) and (2)(b) shall be as follows:

29         (d)  The proceeds of all other taxes and fees imposed

30  pursuant to this chapter or remitted pursuant to s.

31  202.18(1)(b) and (2)(b) shall be distributed as follows:

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    Florida Senate - 2005                                  SB 2028
    35-1065-05




 1         1.  In any fiscal year, the greater of $500 million,

 2  minus an amount equal to 4.6 percent of the proceeds of the

 3  taxes collected pursuant to chapter 201, or 5 percent of all

 4  other taxes and fees imposed pursuant to this chapter or

 5  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

 6  deposited in monthly installments into the General Revenue

 7  Fund.

 8         2.  Two-tenths of one percent shall be transferred to

 9  the Ecosystem Management and Restoration Trust Fund to be used

10  for water quality improvement and water restoration projects.

11         3.  After the distribution under subparagraphs 1. and

12  2., 8.814 percent of the amount remitted by a sales tax dealer

13  located within a participating county pursuant to s. 218.61

14  shall be transferred into the Local Government Half-cent Sales

15  Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to

16  be transferred pursuant to this subparagraph to the Local

17  Government Half-cent Sales Tax Clearing Trust Fund shall be

18  reduced by 0.1 percent, and the department shall distribute

19  this amount to the Public Employees Relations Commission Trust

20  Fund less $5,000 each month, which shall be added to the

21  amount calculated in subparagraph 4. and distributed

22  accordingly.

23         4.  After the distribution under subparagraphs 1., 2.,

24  and 3., 0.095 percent shall be transferred to the Local

25  Government Half-cent Sales Tax Clearing Trust Fund and

26  distributed pursuant to s. 218.65.

27         5.  After the distributions under subparagraphs 1., 2.,

28  3., and 4., 2.0440 percent of the available proceeds pursuant

29  to this paragraph shall be transferred monthly to the Revenue

30  Sharing Trust Fund for Counties pursuant to s. 218.215.

31  

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    Florida Senate - 2005                                  SB 2028
    35-1065-05




 1         6.  After the distributions under subparagraphs 1., 2.,

 2  3., and 4., 1.3409 percent of the available proceeds pursuant

 3  to this paragraph shall be transferred monthly to the Revenue

 4  Sharing Trust Fund for Municipalities pursuant to s. 218.215.

 5  If the total revenue to be distributed pursuant to this

 6  subparagraph is at least as great as the amount due from the

 7  Revenue Sharing Trust Fund for Municipalities and the former

 8  Municipal Financial Assistance Trust Fund in state fiscal year

 9  1999-2000, no municipality shall receive less than the amount

10  due from the Revenue Sharing Trust Fund for Municipalities and

11  the former Municipal Financial Assistance Trust Fund in state

12  fiscal year 1999-2000. If the total proceeds to be distributed

13  are less than the amount received in combination from the

14  Revenue Sharing Trust Fund for Municipalities and the former

15  Municipal Financial Assistance Trust Fund in state fiscal year

16  1999-2000, each municipality shall receive an amount

17  proportionate to the amount it was due in state fiscal year

18  1999-2000.

19         7.  Of the remaining proceeds:

20         a.  In each fiscal year, the sum of $29,915,500 shall

21  be divided into as many equal parts as there are counties in

22  the state, and one part shall be distributed to each county.

23  The distribution among the several counties shall begin each

24  fiscal year on or before January 5th and shall continue

25  monthly for a total of 4 months.  If a local or special law

26  required that any moneys accruing to a county in fiscal year

27  1999-2000 under the then-existing provisions of s. 550.135 be

28  paid directly to the district school board, special district,

29  or a municipal government, such payment shall continue until

30  such time that the local or special law is amended or

31  repealed. The state covenants with holders of bonds or other

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    Florida Senate - 2005                                  SB 2028
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 1  instruments of indebtedness issued by local governments,

 2  special districts, or district school boards prior to July 1,

 3  2000, that it is not the intent of this subparagraph to

 4  adversely affect the rights of those holders or relieve local

 5  governments, special districts, or district school boards of

 6  the duty to meet their obligations as a result of previous

 7  pledges or assignments or trusts entered into which obligated

 8  funds received from the distribution to county governments

 9  under then-existing s. 550.135.  This distribution

10  specifically is in lieu of funds distributed under s. 550.135

11  prior to July 1, 2000.

12         b.  The department shall distribute $166,667 monthly

13  pursuant to s. 288.1162 to each applicant that has been

14  certified as a "facility for a new professional sports

15  franchise" or a "facility for a retained professional sports

16  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

17  distributed monthly by the department to each applicant that

18  has been certified as a "facility for a retained spring

19  training franchise" pursuant to s. 288.1162; however, not more

20  than $208,335 may be distributed monthly in the aggregate to

21  all certified facilities for a retained spring training

22  franchise. Distributions shall begin 60 days following such

23  certification and shall continue for not more than 30 years.

24  Nothing contained in this paragraph shall be construed to

25  allow an applicant certified pursuant to s. 288.1162 to

26  receive more in distributions than actually expended by the

27  applicant for the public purposes provided for in s.

28  288.1162(6). However, a certified applicant is entitled to

29  receive distributions up to the maximum amount allowable and

30  undistributed under this section for additional renovations

31  

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    Florida Senate - 2005                                  SB 2028
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 1  and improvements to the facility for the franchise without

 2  additional certification.

 3         c.  Beginning 30 days after notice by the Office of

 4  Tourism, Trade, and Economic Development to the Department of

 5  Revenue that an applicant has been certified as the

 6  professional golf hall of fame pursuant to s. 288.1168 and is

 7  open to the public, $166,667 shall be distributed monthly, for

 8  up to 300 months, to the applicant.

 9         d.  Beginning 30 days after notice by the Office of

10  Tourism, Trade, and Economic Development to the Department of

11  Revenue that the applicant has been certified as the

12  International Game Fish Association World Center facility

13  pursuant to s. 288.1169, and the facility is open to the

14  public, $83,333 shall be distributed monthly, for up to 168

15  months, to the applicant. This distribution is subject to

16  reduction pursuant to s. 288.1169.  A lump sum payment of

17  $999,996 shall be made, after certification and before July 1,

18  2000.

19         e.  Beginning 60 days after the Office of Tourism,

20  Trade, and Economic Development gives notice to the department

21  that the applicant has been certified, the department shall

22  distribute $50,000 monthly to each eligible publicly owned

23  football facility that has been certified under s. 288.1174.

24  Distributions shall continue for not more than 30 years and

25  may be used solely for the purposes of renovating and

26  modernizing the facility.

27         8.  All other proceeds shall remain with the General

28  Revenue Fund.

29         Section 2.  Section 288.1174, Florida Statutes, is

30  created to read:

31  

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    Florida Senate - 2005                                  SB 2028
    35-1065-05




 1         288.1174  Publicly owned football facilities;

 2  certification; duties.--

 3         (1)  The Office of Tourism, Trade, and Economic

 4  Development shall serve as the state agency for screening

 5  applicants for state funding under s. 212.20(6)(d)7.e. and for

 6  certifying an applicant as an eligible publicly owned football

 7  facility.

 8         (2)  The Office of Tourism, Trade, and Economic

 9  Development shall adopt rules under ss. 120.536(1) and 120.54

10  for the receipt and processing of applications for funding

11  under s. 212.20(6)(d)7.e.

12         (3)  As used in this section, the term "publicly owned

13  football facility" means a football facility:

14         (a)  That is owned by and situated in a municipality

15  that has a population of more than 100,000 residents and is

16  located in a county as defined in s. 125.011; and

17         (b)  At which the football team of a private or public

18  university or college is based.

19  

20  For the purposes of this section, a football team of a public

21  or private university or college is considered to be based

22  only at the facility at which the team plays the majority of

23  games for which the team is designated as the home team. An

24  institution may not be considered to be based at more than one

25  facility in any single academic year.

26         (4)  Before certifying an applicant as an eligible

27  publicly owned football facility, the Office of Tourism,

28  Trade, and Economic Development must determine that:

29         (a)  A municipality owns the football facility.

30  

31  

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    Florida Senate - 2005                                  SB 2028
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 1         (b)  The municipality in which the facility is located

 2  has a population of more than 100,000 residents and is located

 3  in a county as defined in s. 125.011.

 4         (c)  The football team of a private or public

 5  university or college is based at the football facility.

 6         (5)  Upon certifying an applicant under this section,

 7  the Office of Tourism, Trade, and Economic Development shall

 8  give notice of the certification to the department by sending

 9  to the executive director of the department an official letter

10  of certification. The department may not begin distributing

11  funds under s. 212.20(6)(d)7.e. until 60 days after the Office

12  of Tourism, Trade, and Economic Development gives notice to

13  the department under this subsection.

14         (6)  An applicant that has previously been certified

15  under this section and has received proceeds under such a

16  certification is ineligible for an additional certification.

17         (7)  An applicant that is certified as an eligible

18  publicly owned football facility may use the moneys

19  distributed under s. 212.20(6)(d)7.e. solely for the purposes

20  of renovating and modernizing the facility.

21         (8)  The department may conduct audits as provided in

22  s. 213.34 to verify that the funds distributed under this

23  section have been expended as required in this section. Such

24  information is subject to the confidentiality requirements of

25  chapter 213. If the department determines that the funds have

26  not been expended as required by this section, the department

27  may pursue recovery of the funds under the laws and rules

28  governing the assessment of taxes.

29         (9)  Failure to use the funds distributed under s.

30  212.20(6)(d)7.e. as provided in this section constitutes

31  

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    Florida Senate - 2005                                  SB 2028
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 1  grounds for revoking the certification granted under this

 2  section.

 3         Section 3.  This act shall take effect July 1, 2005.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Provides for the distribution of a portion of revenues
      from the tax on sales, use, and other transactions to a
 8    publicly owned football facility that is owned by and
      located in a municipality of specified size and location
 9    and at which a football team of a public or private
      university or college is based. Provides that the funds
10    must be used solely to renovate and modernize the
      facility. Provides for the Office of Tourism, Trade, and
11    Economic Development to certify to the Department of
      Revenue that the facility is an eligible publicly owned
12    football facility. Provides for the office to make rules
      for processing applications. Provides requirements for
13    certification. Provides for audits to be conducted by the
      Department of Revenue. Provides for the revocation of
14    certification if the funds are not used as required.

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