Florida Senate - 2013                                     SB 922
       
       
       
       By Senator Bradley
       
       
       
       
       7-00429-13                                             2013922__
    1                        A bill to be entitled                      
    2         An act relating to professional sports franchise
    3         facilities; amending ss. 288.1162 and 212.20, F.S.;
    4         authorizing an applicant previously certified as a
    5         facility for a new or retained professional sports
    6         franchise to receive an additional certification under
    7         certain circumstances, and to receive a monthly
    8         distribution of a specified amount of sales tax
    9         revenues, to improve the conditions of the facility to
   10         meet or exceed certain facility standards; defining
   11         the term “facility standards”; providing an effective
   12         date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (9) is added to section 288.1162,
   17  Florida Statutes, to read:
   18         288.1162 Professional sports franchises; duties.—
   19         (9)(a) Notwithstanding any provision of this section, an
   20  applicant previously certified under this section as a facility
   21  for a new or retained professional sports franchise is eligible
   22  for an additional certification for the public purpose of making
   23  improvements to the facility in order to meet or exceed the
   24  league’s facility standards, if:
   25         1. The cost of the planned improvements to the facility is
   26  at least $80 million.
   27         2. The professional sports franchise has been in existence
   28  for at least 15 years.
   29         3. The signed agreement for use of the facility described
   30  in paragraph (4)(b) has at least 15 years remaining on the
   31  agreement’s term.
   32         4. The applicant has an independent analysis or study,
   33  verified by the department, which demonstrates that the amount
   34  of the revenues generated by the taxes imposed under chapter 212
   35  with respect to the use and operation of the professional sports
   36  franchise facility will equal or exceed $4 million annually.
   37         (b) As used in this subsection, the term “facility
   38  standards” means the stadium equipment standards in place
   39  throughout the league as certified in writing by the league’s
   40  commissioner.
   41         Section 2. Paragraph (d) of subsection (6) of section
   42  212.20, Florida Statutes, is amended to read:
   43         212.20 Funds collected, disposition; additional powers of
   44  department; operational expense; refund of taxes adjudicated
   45  unconstitutionally collected.—
   46         (6) Distribution of all proceeds under this chapter and s.
   47  202.18(1)(b) and (2)(b) shall be as follows:
   48         (d) The proceeds of all other taxes and fees imposed
   49  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
   50  and (2)(b) shall be distributed as follows:
   51         1. In any fiscal year, the greater of $500 million, minus
   52  an amount equal to 4.6 percent of the proceeds of the taxes
   53  collected pursuant to chapter 201, or 5.2 percent of all other
   54  taxes and fees imposed pursuant to this chapter or remitted
   55  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
   56  monthly installments into the General Revenue Fund.
   57         2. After the distribution under subparagraph 1., 8.814
   58  percent of the amount remitted by a sales tax dealer located
   59  within a participating county pursuant to s. 218.61 shall be
   60  transferred into the Local Government Half-cent Sales Tax
   61  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
   62  transferred shall be reduced by 0.1 percent, and the department
   63  shall distribute this amount to the Public Employees Relations
   64  Commission Trust Fund less $5,000 each month, which shall be
   65  added to the amount calculated in subparagraph 3. and
   66  distributed accordingly.
   67         3. After the distribution under subparagraphs 1. and 2.,
   68  0.095 percent shall be transferred to the Local Government Half
   69  cent Sales Tax Clearing Trust Fund and distributed pursuant to
   70  s. 218.65.
   71         4. After the distributions under subparagraphs 1., 2., and
   72  3., 2.0440 percent of the available proceeds shall be
   73  transferred monthly to the Revenue Sharing Trust Fund for
   74  Counties pursuant to s. 218.215.
   75         5. After the distributions under subparagraphs 1., 2., and
   76  3., 1.3409 percent of the available proceeds shall be
   77  transferred monthly to the Revenue Sharing Trust Fund for
   78  Municipalities pursuant to s. 218.215. If the total revenue to
   79  be distributed pursuant to this subparagraph is at least as
   80  great as the amount due from the Revenue Sharing Trust Fund for
   81  Municipalities and the former Municipal Financial Assistance
   82  Trust Fund in state fiscal year 1999-2000, no municipality shall
   83  receive less than the amount due from the Revenue Sharing Trust
   84  Fund for Municipalities and the former Municipal Financial
   85  Assistance Trust Fund in state fiscal year 1999-2000. If the
   86  total proceeds to be distributed are less than the amount
   87  received in combination from the Revenue Sharing Trust Fund for
   88  Municipalities and the former Municipal Financial Assistance
   89  Trust Fund in state fiscal year 1999-2000, each municipality
   90  shall receive an amount proportionate to the amount it was due
   91  in state fiscal year 1999-2000.
   92         6. Of the remaining proceeds:
   93         a. In each fiscal year, the sum of $29,915,500 shall be
   94  divided into as many equal parts as there are counties in the
   95  state, and one part shall be distributed to each county. The
   96  distribution among the several counties must begin each fiscal
   97  year on or before January 5th and continue monthly for a total
   98  of 4 months. If a local or special law required that any moneys
   99  accruing to a county in fiscal year 1999-2000 under the then
  100  existing provisions of s. 550.135 be paid directly to the
  101  district school board, special district, or a municipal
  102  government, such payment must continue until the local or
  103  special law is amended or repealed. The state covenants with
  104  holders of bonds or other instruments of indebtedness issued by
  105  local governments, special districts, or district school boards
  106  before July 1, 2000, that it is not the intent of this
  107  subparagraph to adversely affect the rights of those holders or
  108  relieve local governments, special districts, or district school
  109  boards of the duty to meet their obligations as a result of
  110  previous pledges or assignments or trusts entered into which
  111  obligated funds received from the distribution to county
  112  governments under then-existing s. 550.135. This distribution
  113  specifically is in lieu of funds distributed under s. 550.135
  114  before July 1, 2000.
  115         b. The department shall distribute $166,667 monthly
  116  pursuant to s. 288.1162 to each applicant certified as a
  117  facility for a new or retained professional sports franchise
  118  pursuant to s. 288.1162, including any applicant that receives
  119  an additional certification pursuant to s. 288.1162(9). Up to
  120  $41,667 shall be distributed monthly by the department to each
  121  certified applicant as defined in s. 288.11621 for a facility
  122  for a spring training franchise. However, not more than $416,670
  123  may be distributed monthly in the aggregate to all certified
  124  applicants for facilities for spring training franchises.
  125  Distributions begin 60 days after such certification and
  126  continue for not more than 30 years, except as otherwise
  127  provided in s. 288.11621. A certified applicant identified in
  128  this sub-subparagraph may not receive more in distributions than
  129  expended by the applicant for the public purposes provided for
  130  in s. 288.1162(5) or s. 288.11621(3).
  131         c. Beginning 30 days after notice by the Department of
  132  Economic Opportunity to the Department of Revenue that an
  133  applicant has been certified as the professional golf hall of
  134  fame pursuant to s. 288.1168 and is open to the public, $166,667
  135  shall be distributed monthly, for up to 300 months, to the
  136  applicant.
  137         d. Beginning 30 days after notice by the Department of
  138  Economic Opportunity to the Department of Revenue that the
  139  applicant has been certified as the International Game Fish
  140  Association World Center facility pursuant to s. 288.1169, and
  141  the facility is open to the public, $83,333 shall be distributed
  142  monthly, for up to 168 months, to the applicant. This
  143  distribution is subject to reduction pursuant to s. 288.1169. A
  144  lump sum payment of $999,996 shall be made, after certification
  145  and before July 1, 2000.
  146         7. All other proceeds must remain in the General Revenue
  147  Fund.
  148         Section 3. This act shall take effect upon becoming a law.