Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 306
       
       
       
       
       
                                Barcode 355358                          
       
       576-01965-13                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Finance and Tax)
    1                        A bill to be entitled                      
    2         An act relating to economic development; amending s.
    3         125.0104, F.S.; providing that tourist development tax
    4         revenues may also be used to pay the debt service on
    5         bonds that finance the renovation of a professional
    6         sports facility that is publicly owned, or that is on
    7         publicly owned land, which is publicly operated or
    8         operated by the owner of a professional sports
    9         franchise or other lessee; requiring that the
   10         renovation costs exceed a specified amount; allowing
   11         certain fees and costs to be included in the cost for
   12         renovation; requiring private contributions to the
   13         professional sports facility as a condition for the
   14         use of tourist development taxes; authorizing the use
   15         of certain tax revenues to pay for operation and
   16         maintenance costs of the renovated facility; requiring
   17         a majority-plus-one vote of the membership of the
   18         board of county commissioners to levy a tax for
   19         renovation of a sports franchise facility after
   20         approval by a majority of the electors voting in a
   21         referendum to approve the proposal; authorizing the
   22         referendum to be held before or after the effective
   23         date of this act; providing requirements for the
   24         referendum ballot; providing for nonapplication of the
   25         prohibition against levying such tax in certain cities
   26         and towns under certain conditions; restricting
   27         certain counties from levying the tax; providing for
   28         controlling application notwithstanding conflicting
   29         provisions; authorizing the use of tourist development
   30         tax revenues for financing the renovation of a
   31         professional sports franchise facility; amending s.
   32         212.20, F.S.; authorizing a tax rebate for a renovated
   33         professional sports facility; conforming a cross
   34         reference; amending s. 218.64, F.S.; conforming a
   35         cross-reference; amending s. 220.153, F.S.; conforming
   36         a cross-reference; repealing s. 220.62(3) and (5),
   37         F.S., relating to the definition of the terms
   38         “international banking facility” and “foreign person”
   39         in the income tax code; repealing s. 220.63(5), F.S.,
   40         relating to an income tax deduction for international
   41         banking facilities; amending s. 288.1162, F.S.;
   42         authorizing a professional sports franchise renovation
   43         facility to apply for certain state funds; defining
   44         the term “professional sports franchise renovation
   45         facility”; authorizing a professional sports franchise
   46         renovation facility to receive additional funding;
   47         requiring the Department of Economic Opportunity to
   48         make a determination that certain criteria are met
   49         before certifying a professional sports franchise
   50         renovation facility; limiting the use of certain funds
   51         by a professional sports franchise renovation
   52         facility; prohibiting the department from certifying
   53         more than one professional sports franchise renovation
   54         facility; clarifying that the limitations for
   55         certification apply to new or retained professional
   56         sports franchise facilities; amending s. 288.11621,
   57         F.S.; conforming a cross-reference; providing an
   58         effective date.
   59  
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Paragraph (n) of subsection (3) and paragraph
   63  (a) of subsection (5) of section 125.0104, Florida Statutes, are
   64  amended to read:
   65         125.0104 Tourist development tax; procedure for levying;
   66  authorized uses; referendum; enforcement.—
   67         (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.—
   68         (n) In addition to any other tax that is imposed under this
   69  section, a county that has imposed the tax under paragraph (l)
   70  may impose an additional tax that is no greater than 1 percent
   71  on the exercise of the privilege described in paragraph (a) by a
   72  majority plus one vote of the membership of the board of county
   73  commissioners, or as otherwise provided in this paragraph, in
   74  order to:
   75         1. Pay the debt service on bonds issued to finance:
   76         a. The construction, reconstruction, or renovation of a
   77  facility that is either publicly owned and operated, or is
   78  publicly owned and operated by the owner of a professional
   79  sports franchise or other lessee with sufficient expertise or
   80  financial capability to operate such facility, and to pay the
   81  planning and design costs incurred before prior to the issuance
   82  of such bonds for a new professional sports franchise as defined
   83  in s. 288.1162.
   84         b. The acquisition, construction, reconstruction, or
   85  renovation of a facility either publicly owned and operated, or
   86  publicly owned and operated by the owner of a professional
   87  sports franchise or other lessee with sufficient expertise or
   88  financial capability to operate such facility, and to pay the
   89  planning and design costs incurred before prior to the issuance
   90  of such bonds for a retained spring training franchise.
   91         2. Pay the debt service on bonds issued to finance the
   92  renovation of a professional sports franchise facility that is
   93  publicly owned or located on land that is publicly owned and
   94  that is publicly operated or operated by the owner of a
   95  professional sports franchise or other lessee who has sufficient
   96  expertise or financial capability to operate the facility, and
   97  to pay the planning and design costs incurred before the
   98  issuance of such bonds for the renovated professional sports
   99  facility. The cost to renovate the facility must be more than
  100  $300 million, including permitting, architectural, and
  101  engineering fees, and at least a majority of the total
  102  construction cost, exclusive of in-kind contributions, must be
  103  paid for by the ownership group of the professional sports
  104  franchise or other private sources. Tax revenues available to
  105  pay debt service on bonds may be used to pay for operation and
  106  maintenance costs of the facility. A county levying the tax for
  107  the purposes specified in this subparagraph may do so only by a
  108  majority-plus-one vote of the membership of the board of county
  109  commissioners and after approval of the proposal by a majority
  110  vote of the electors voting in a referendum. Referendum approval
  111  of the proposal may be in an election held before or after the
  112  effective date of this act. The referendum ballot must include a
  113  brief description of the proposal and the following question:
  114         FOR the Proposal
  115         AGAINST the Proposal
  116         3.2. Promote and advertise tourism in this the state of
  117  Florida and nationally and internationally; however, if tax
  118  revenues are expended for an activity, service, venue, or event,
  119  the activity, service, venue, or event must shall have as one of
  120  its main purposes the attraction of tourists as evidenced by the
  121  promotion of the activity, service, venue, or event to tourists.
  122  
  123  A county that imposes the tax authorized in this paragraph may
  124  not expend any ad valorem tax revenues for the acquisition,
  125  expansion, construction, reconstruction, or renovation of a
  126  facility for which tax revenues are used pursuant to
  127  subparagraph 1. The provision of paragraph (b) which prohibits
  128  any county authorized to levy a convention development tax
  129  pursuant to s. 212.0305 from levying more than the 2 percent 2
  130  percent tax authorized by this section does shall not apply to
  131  the additional tax authorized by this paragraph in counties that
  132  which levy convention development taxes pursuant to s.
  133  212.0305(4)(a) or (b). Subsection (4) does not apply to the
  134  adoption of the additional tax authorized in this paragraph. The
  135  effective date of the levy and imposition of the tax authorized
  136  under this paragraph is the first day of the second month
  137  following approval of the ordinance by the board of county
  138  commissioners or the first day of any subsequent month specified
  139  in the ordinance. A certified copy of such ordinance must shall
  140  be furnished by the county to the Department of Revenue within
  141  10 days after approval of the ordinance.
  142         (5) AUTHORIZED USES OF REVENUE.—
  143         (a) All tax revenues received pursuant to this section by a
  144  county imposing the tourist development tax must shall be used
  145  by that county for the following purposes only:
  146         1. To acquire, construct, extend, enlarge, remodel, repair,
  147  improve, maintain, operate, or promote one or more publicly
  148  owned and operated convention centers, sports stadiums, sports
  149  arenas, coliseums, auditoriums, aquariums, or museums that are
  150  publicly owned and operated or owned and operated by not-for
  151  profit organizations and open to the public, within the
  152  boundaries of the county or subcounty special taxing district in
  153  which the tax is levied. Tax revenues received pursuant to this
  154  section may also be used for promotion of zoological parks that
  155  are publicly owned and operated or owned and operated by not
  156  for-profit organizations and open to the public. However, these
  157  purposes may be implemented through service contracts and leases
  158  with lessees with sufficient expertise or financial capability
  159  to operate such facilities;
  160         2. To promote and advertise tourism in this the state of
  161  Florida and nationally and internationally; however, if tax
  162  revenues are expended for an activity, service, venue, or event,
  163  the activity, service, venue, or event must shall have as one of
  164  its main purposes the attraction of tourists as evidenced by the
  165  promotion of the activity, service, venue, or event to tourists;
  166         3. To fund convention bureaus, tourist bureaus, tourist
  167  information centers, and news bureaus as county agencies or by
  168  contract with the chambers of commerce or similar associations
  169  in the county, which may include any indirect administrative
  170  costs for services performed by the county on behalf of the
  171  promotion agency; or
  172         4. To finance beach park facilities or beach improvement,
  173  maintenance, renourishment, restoration, and erosion control,
  174  including shoreline protection, enhancement, cleanup, or
  175  restoration of inland lakes and rivers to which there is public
  176  access as those uses relate to the physical preservation of the
  177  beach, shoreline, or inland lake or river. However, any funds
  178  identified by a county as the local matching source for beach
  179  renourishment, restoration, or erosion control projects included
  180  in the long-range budget plan of the state’s Beach Management
  181  Plan, pursuant to s. 161.091, or funds contractually obligated
  182  by a county in the financial plan for a federally authorized
  183  shore protection project may not be used or loaned for any other
  184  purpose. In counties of less than 100,000 population, no more
  185  than 10 percent of the revenues from the tourist development tax
  186  may be used for beach park facilities; or.
  187         5. For other uses specifically allowed under subsection
  188  (3).
  189         Section 2. Paragraph (d) of subsection (6) of section
  190  212.20, Florida Statutes, is amended to read:
  191         212.20 Funds collected, disposition; additional powers of
  192  department; operational expense; refund of taxes adjudicated
  193  unconstitutionally collected.—
  194         (6) Distribution of all proceeds under this chapter and s.
  195  202.18(1)(b) and (2)(b) shall be as follows:
  196         (d) The proceeds of all other taxes and fees imposed
  197  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  198  and (2)(b) must shall be distributed as follows:
  199         1. In any fiscal year, the greater of $500 million, minus
  200  an amount equal to 4.6 percent of the proceeds of the taxes
  201  collected pursuant to chapter 201, or 5.2 percent of all other
  202  taxes and fees imposed pursuant to this chapter or remitted
  203  pursuant to s. 202.18(1)(b) and (2)(b) must shall be deposited
  204  in monthly installments into the General Revenue Fund.
  205         2. After the distribution under subparagraph 1., 8.814
  206  percent of the amount remitted by a sales tax dealer located
  207  within a participating county pursuant to s. 218.61 must shall
  208  be transferred into the Local Government Half-cent Sales Tax
  209  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
  210  transferred must shall be reduced by 0.1 percent, and the
  211  department shall distribute this amount to the Public Employees
  212  Relations Commission Trust Fund less $5,000 each month, which
  213  must shall be added to the amount calculated in subparagraph 3.
  214  and distributed accordingly.
  215         3. After the distribution under subparagraphs 1. and 2.,
  216  0.095 percent must shall be transferred to the Local Government
  217  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
  218  to s. 218.65.
  219         4. After the distributions under subparagraphs 1., 2., and
  220  3., 2.0440 percent of the available proceeds must shall be
  221  transferred monthly to the Revenue Sharing Trust Fund for
  222  Counties pursuant to s. 218.215.
  223         5. After the distributions under subparagraphs 1., 2., and
  224  3., 1.3409 percent of the available proceeds must shall be
  225  transferred monthly to the Revenue Sharing Trust Fund for
  226  Municipalities pursuant to s. 218.215. If the total revenue to
  227  be distributed pursuant to this subparagraph is at least as
  228  great as the amount due from the Revenue Sharing Trust Fund for
  229  Municipalities and the former Municipal Financial Assistance
  230  Trust Fund in state fiscal year 1999-2000, a no municipality may
  231  not shall receive less than the amount due from the Revenue
  232  Sharing Trust Fund for Municipalities and the former Municipal
  233  Financial Assistance Trust Fund in state fiscal year 1999-2000.
  234  If the total proceeds to be distributed are less than the amount
  235  received in combination from the Revenue Sharing Trust Fund for
  236  Municipalities and the former Municipal Financial Assistance
  237  Trust Fund in state fiscal year 1999-2000, each municipality
  238  shall receive an amount proportionate to the amount it was due
  239  in state fiscal year 1999-2000.
  240         6. Of the remaining proceeds:
  241         a. In each fiscal year, the sum of $29,915,500 must shall
  242  be divided into as many equal parts as there are counties in the
  243  state, and one part must shall be distributed to each county.
  244  The distribution among the several counties must begin each
  245  fiscal year on or before January 5th and continue monthly for a
  246  total of 4 months. If a local or special law required that any
  247  moneys accruing to a county in fiscal year 1999-2000 under the
  248  then-existing provisions of s. 550.135 be paid directly to the
  249  district school board, special district, or a municipal
  250  government, such payment must continue until the local or
  251  special law is amended or repealed. The state covenants with
  252  holders of bonds or other instruments of indebtedness issued by
  253  local governments, special districts, or district school boards
  254  before July 1, 2000, that it is not the intent of this
  255  subparagraph to adversely affect the rights of those holders or
  256  relieve local governments, special districts, or district school
  257  boards of the duty to meet their obligations as a result of
  258  previous pledges or assignments or trusts entered into which
  259  obligated funds received from the distribution to county
  260  governments under then-existing s. 550.135. This distribution
  261  specifically is in lieu of funds distributed under s. 550.135
  262  before July 1, 2000.
  263         b. The department shall, pursuant to s. 288.1162,
  264  distribute $166,667 monthly pursuant to s. 288.1162 to each
  265  applicant certified as a facility for a new or retained
  266  professional sports franchise and distribute $250,000 monthly to
  267  an applicant certified as a professional sports franchise
  268  renovation facility pursuant to s. 288.1162. Up to $41,667 must
  269  shall be distributed monthly by the department to each certified
  270  applicant as defined in s. 288.11621 for a facility for a spring
  271  training franchise. However, not more than $416,670 may be
  272  distributed monthly in the aggregate to all certified applicants
  273  for facilities for spring training franchises. Distributions
  274  begin 60 days after such certification and continue for not more
  275  than 30 years, except as otherwise provided in s. 288.11621. A
  276  certified applicant identified in this sub-subparagraph may not
  277  receive more in distributions than expended by the applicant for
  278  the public purposes provided for in s. 288.1162 288.1162(5) or
  279  s. 288.11621(3).
  280         c. Beginning 30 days after notice by the Department of
  281  Economic Opportunity to the Department of Revenue that an
  282  applicant has been certified as the professional golf hall of
  283  fame pursuant to s. 288.1168 and is open to the public, $166,667
  284  must shall be distributed monthly, for up to 300 months, to the
  285  applicant.
  286         d. Beginning 30 days after notice by the Department of
  287  Economic Opportunity to the Department of Revenue that the
  288  applicant has been certified as the International Game Fish
  289  Association World Center facility pursuant to s. 288.1169, and
  290  the facility is open to the public, $83,333 must shall be
  291  distributed monthly, for up to 168 months, to the applicant.
  292  This distribution is subject to reduction pursuant to s.
  293  288.1169. A lump sum payment of $999,996 must shall be made,
  294  after certification and before July 1, 2000.
  295         7. All other proceeds must remain in the General Revenue
  296  Fund.
  297         Section 3. Paragraph (a) of subsection (3) of section
  298  218.64, Florida Statutes, is amended to read:
  299         218.64 Local government half-cent sales tax; uses;
  300  limitations.—
  301         (3) Subject to ordinances enacted by the majority of the
  302  members of the county governing authority and by the majority of
  303  the members of the governing authorities of municipalities
  304  representing at least 50 percent of the municipal population of
  305  such county, counties may use up to $2 million annually of the
  306  local government half-cent sales tax allocated to that county
  307  for funding for any of the following applicants:
  308         (a) A certified applicant as a facility for a new or
  309  retained professional sports franchise under s. 288.1162 or a
  310  certified applicant as defined in s. 288.11621 for a facility
  311  for a spring training franchise. It is the Legislature’s intent
  312  that the provisions of s. 288.1162, including, but not limited
  313  to, the evaluation process by the Department of Economic
  314  Opportunity except for the limitation on the number of certified
  315  applicants or facilities as provided in that section and the
  316  restrictions set forth in s. 288.1162(9) 288.1162(8), shall
  317  apply to an applicant’s facility to be funded by local
  318  government as provided in this subsection.
  319         Section 4. Subsection (2) of section 220.153, Florida
  320  Statutes, is amended to read:
  321         220.153 Apportionment by sales factor.—
  322         (2) APPORTIONMENT OF TAXES; ELIGIBILITY.—A taxpayer, not
  323  including a financial organization as defined in s. 220.15(6) or
  324  a bank, savings association, international banking facility, or
  325  banking organization as defined in s. 220.62, doing business
  326  within and without this state, who applies and demonstrates to
  327  the Department of Economic Opportunity that, within a 2-year
  328  period beginning on or after July 1, 2011, it has made qualified
  329  capital expenditures equal to or exceeding $250 million may
  330  apportion its adjusted federal income solely by the sales factor
  331  set forth in s. 220.15(5), commencing in the taxable year that
  332  the Department of Economic Opportunity approves the application,
  333  but not before a taxable year that begins on or after January 1,
  334  2013. Once approved, a taxpayer may elect to apportion its
  335  adjusted federal income for any taxable year using the method
  336  provided under this section or the method provided under s.
  337  220.15.
  338         Section 5. Subsections (3) and (5) of section 220.62,
  339  Florida Statutes, are repealed.
  340         Section 6. Subsection (5) of section 220.63, Florida
  341  Statutes, is repealed.
  342         Section 7. Section 288.1162, Florida Statutes, is amended
  343  to read:
  344         288.1162 Professional sports franchises; duties.—
  345         (1) The department shall serve as the state agency for
  346  screening applicants for state funding under s. 212.20 and for
  347  certifying an applicant as a facility for a new or retained
  348  professional sports franchise or a professional sports franchise
  349  renovation facility.
  350         (2) The department shall develop rules for the receipt and
  351  processing of applications for funding under s. 212.20.
  352         (3) As used in this section, the term:
  353         (a) “New professional sports franchise” means a
  354  professional sports franchise that was not based in this state
  355  before April 1, 1987.
  356         (b) “Professional sports franchise renovation facility”
  357  means a sports facility that has continuously been a league
  358  authorized location for a professional sports franchise for 20
  359  years or more and that otherwise meets the requirements for
  360  certification of such a facility pursuant to this section.
  361         (c)(b) “Retained professional sports franchise” means a
  362  professional sports franchise that has had a league-authorized
  363  location in this state on or before December 31, 1976, and has
  364  continuously remained at that location, and has never been
  365  located at a facility that has been previously certified under
  366  any provision of this section.
  367         (4) Before certifying an applicant as a facility for a new
  368  or retained professional sports franchise, the department must
  369  determine that:
  370         (a) A “unit of local government” as defined in s. 218.369
  371  is responsible for the construction, management, or operation of
  372  the professional sports franchise facility or holds title to the
  373  property on which the professional sports franchise facility is
  374  located.
  375         (b) The applicant has a verified copy of a signed agreement
  376  with a new professional sports franchise for the use of the
  377  facility for a term of at least 10 years, or in the case of a
  378  retained professional sports franchise, an agreement for use of
  379  the facility for a term of at least 20 years.
  380         (c) The applicant has a verified copy of the approval from
  381  the governing authority of the league in which the new
  382  professional sports franchise exists authorizing the location of
  383  the professional sports franchise in this state after April 1,
  384  1987, or in the case of a retained professional sports
  385  franchise, verified evidence that it has had a league-authorized
  386  location in this state on or before December 31, 1976. As used
  387  in this section, the term “league” means the National League or
  388  the American League of Major League Baseball, the National
  389  Basketball Association, the National Football League, or the
  390  National Hockey League.
  391         (d) The applicant has projections, verified by the
  392  department, which demonstrate that the new or retained
  393  professional sports franchise will attract a paid attendance of
  394  more than 300,000 annually.
  395         (e) The applicant has an independent analysis or study,
  396  verified by the department, which demonstrates that the amount
  397  of the revenues generated by the taxes imposed under chapter 212
  398  with respect to the use and operation of the professional sports
  399  franchise facility will equal or exceed $2 million annually.
  400         (f) The municipality in which the facility for a new or
  401  retained professional sports franchise is located, or the county
  402  if the facility for a new or retained professional sports
  403  franchise is located in an unincorporated area, has certified by
  404  resolution after a public hearing that the application serves a
  405  public purpose.
  406         (g) The applicant has demonstrated that it has provided, is
  407  capable of providing, or has financial or other commitments to
  408  provide more than one-half of the costs incurred or related to
  409  the improvement and development of the facility.
  410         (h) An applicant previously certified as a new or retained
  411  professional sports facility under any provision of this section
  412  who has received funding under such certification is not
  413  eligible for an additional certification except as a
  414  professional sports franchise renovation facility.
  415         (5) Before certifying an applicant as a professional sports
  416  franchise renovation facility, the department shall determine
  417  that the following requirements are met:
  418         (a)A county, municipality, or other public entity is
  419  responsible for the construction, management, or operation of
  420  the professional sports franchise facility or holds title to the
  421  property on which the professional sports franchise facility is
  422  located.
  423         (b)The applicant has a verified copy of a signed agreement
  424  with a professional sports franchise for the use of the facility
  425  for a term of at least the next 20 years.
  426         (c)The applicant has an independent analysis or study,
  427  verified by the department, which demonstrates that the amount
  428  of the revenues generated by the taxes imposed under chapter 212
  429  with respect to the use and operation of the renovated
  430  professional sports franchise facility will equal or exceed $3
  431  million annually.
  432         (d)The county or municipality in which the professional
  433  sports franchise renovation facility is located has certified by
  434  resolution after a public hearing that the application serves a
  435  public purpose.
  436         (e)The applicant has demonstrated that the cost to
  437  renovate the facility will be more than $300 million, including
  438  permitting, architectural, and engineering fees, and that at
  439  least a majority of the total construction cost, exclusive of
  440  in-kind contributions, will be paid for by the ownership group
  441  of the professional sports franchise or other private sources.
  442         (6)(5) An applicant certified as a facility for a new or
  443  retained professional sports franchise may use funds provided
  444  under s. 212.20 only for the public purpose of paying for the
  445  acquisition, construction, reconstruction, or renovation of a
  446  facility for a new or retained professional sports franchise to
  447  pay or pledge for the payment of debt service on, or to fund
  448  debt service reserve funds, arbitrage rebate obligations, or
  449  other amounts payable with respect to, bonds issued for the
  450  acquisition, construction, reconstruction, or renovation of such
  451  facility or for the reimbursement of such costs or the
  452  refinancing of bonds issued for such purposes. An applicant
  453  certified as a professional sports franchise renovation facility
  454  may use funds provided under s. 212.20 only for the public
  455  purpose of renovating the facility to pay or pledge for the debt
  456  service on, or to fund debt service reserve funds, arbitrage
  457  rebate obligations, or other amounts payable with respect to
  458  bonds issued for the renovation of the facility or for the
  459  reimbursement of the costs or the refinancing of bonds issued
  460  for that purpose.
  461         (7)(6) The department shall notify the Department of
  462  Revenue of any facility certified as a facility qualified
  463  pursuant to this section for a new or retained professional
  464  sports franchise. The department shall certify no more than
  465  eight facilities as facilities for a new professional sports
  466  franchise or as facilities for a retained professional sports
  467  franchise, including in the total any facilities certified by
  468  the former Department of Commerce before July 1, 1996. The
  469  department may not certify more than one facility as a
  470  professional sports franchise renovation may make no more than
  471  one certification for any facility.
  472         (8)(7) The Auditor General may conduct audits as provided
  473  in s. 11.45 to verify that the distributions under this section
  474  are expended as required in this section. If the Auditor General
  475  determines that the distributions under this section are not
  476  expended as required by this section, the Auditor General shall
  477  notify the Department of Revenue, which may pursue recovery of
  478  the funds under the laws and rules governing the assessment of
  479  taxes.
  480         (9)(8)For new or retained professional sport franchise
  481  facilities, an applicant is not qualified for certification
  482  under this section if the franchise formed the basis for a
  483  previous certification, unless the previous certification was
  484  withdrawn by the facility or invalidated by the department or
  485  the former Department of Commerce before any funds were
  486  distributed under s. 212.20. This subsection does not disqualify
  487  an applicant if the previous certification occurred between May
  488  23, 1993, and May 25, 1993; however, any funds to be distributed
  489  under s. 212.20 for the second certification must shall be
  490  offset by the amount distributed to the previous certified
  491  facility. Distribution of funds for the second certification may
  492  shall not be made until all amounts payable for the first
  493  certification are distributed.
  494         Section 8. Paragraph (c) of subsection (1) of section
  495  288.11621, Florida Statutes, is amended to read:
  496         288.11621 Spring training baseball franchises.—
  497         (1) DEFINITIONS.—As used in this section, the term:
  498         (c) “Certified applicant” means a facility for a spring
  499  training franchise that was certified before July 1, 2010, under
  500  s. 288.1162 288.1162(5), Florida Statutes 2009, or a unit of
  501  local government that is certified under this section.
  502         Section 9. This act shall take effect July 1, 2013.