Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 85, 2nd Eng.
       
       
       
       
       
       
                                Barcode 211130                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: WD/2R          .                                
             05/02/2013 03:07 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Braynon moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 911 and 912
    4  insert:
    5         Section 6. Paragraph (n) of subsection (3) and paragraph
    6  (a) of subsection (5) of section 125.0104, Florida Statutes, are
    7  amended to read:
    8         125.0104 Tourist development tax; procedure for levying;
    9  authorized uses; referendum; enforcement.—
   10         (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.—
   11         (n) In addition to any other tax that is imposed under this
   12  section, a county that has imposed the tax under paragraph (l)
   13  may impose an additional tax that is no greater than 1 percent
   14  on the exercise of the privilege described in paragraph (a) by a
   15  majority plus one vote of the membership of the board of county
   16  commissioners, or as otherwise provided in this paragraph, in
   17  order to:
   18         1. Pay the debt service on bonds issued to finance:
   19         a. The construction, reconstruction, or renovation of a
   20  facility that is either publicly owned and operated, or is
   21  publicly owned and operated by the owner of a professional
   22  sports franchise or other lessee with sufficient expertise or
   23  financial capability to operate such facility, and to pay the
   24  planning and design costs incurred before prior to the issuance
   25  of such bonds for a new professional sports franchise as defined
   26  in s. 288.1162.
   27         b. The acquisition, construction, reconstruction, or
   28  renovation of a facility either publicly owned and operated, or
   29  publicly owned and operated by the owner of a professional
   30  sports franchise or other lessee with sufficient expertise or
   31  financial capability to operate such facility, and to pay the
   32  planning and design costs incurred before prior to the issuance
   33  of such bonds for a retained spring training franchise.
   34         2. Pay the debt service on bonds issued to finance the
   35  renovation of a professional sports franchise facility that is
   36  publicly owned, or located on land that is publicly owned, and
   37  that is publicly operated or operated by the owner of a
   38  professional sports franchise or other lessee who has sufficient
   39  expertise or financial capability to operate the facility, and
   40  to pay the planning and design costs incurred before the
   41  issuance of such bonds for the renovated professional sports
   42  facility. The cost to renovate the facility must be more than
   43  $300 million, including permitting, architectural, and
   44  engineering fees, and at least a majority of the total
   45  construction cost, exclusive of in-kind contributions, must be
   46  paid for by the ownership group of the professional sports
   47  franchise or other private sources. Tax revenues available to
   48  pay debt service on bonds may be used to pay for operation and
   49  maintenance costs of the facility. A county levying the tax for
   50  the purposes specified in this subparagraph may do so only by a
   51  majority plus one vote of the membership of the board of county
   52  commissioners and after approval of the proposed use of the tax
   53  revenues by a majority vote of the electors voting in the
   54  referendum. Referendum approval of the proposed use of the tax
   55  revenues may be in an election held before or after the
   56  effective date of this act. The referendum ballot must include a
   57  brief description of the proposed use of the tax revenues and
   58  the following question:
   59         FOR the Proposed Use
   60         AGAINST the Proposed Use
   61         3.2. Promote and advertise tourism in this the state of
   62  Florida and nationally and internationally; however, if tax
   63  revenues are expended for an activity, service, venue, or event,
   64  the activity, service, venue, or event must shall have as one of
   65  its main purposes the attraction of tourists as evidenced by the
   66  promotion of the activity, service, venue, or event to tourists.
   67  
   68  A county that imposes the tax authorized in this paragraph may
   69  not expend any ad valorem tax revenues for the acquisition,
   70  expansion, construction, reconstruction, or renovation of a
   71  facility for which tax revenues are used pursuant to
   72  subparagraph 1. The provision of paragraph (b) which prohibits
   73  any county authorized to levy a convention development tax
   74  pursuant to s. 212.0305 from levying more than the 2 percent 2
   75  percent tax authorized by this section does shall not apply to
   76  the additional tax authorized by this paragraph in counties that
   77  which levy convention development taxes pursuant to s.
   78  212.0305(4)(a) or (b). Subsection (4) does not apply to the
   79  adoption of the additional tax authorized in this paragraph. The
   80  effective date of the levy and imposition of the tax authorized
   81  under this paragraph is the first day of the second month
   82  following approval of the ordinance by the board of county
   83  commissioners or the first day of any subsequent month specified
   84  in the ordinance. A certified copy of such ordinance must shall
   85  be furnished by the county to the Department of Revenue within
   86  10 days after approval of the ordinance.
   87         (5) AUTHORIZED USES OF REVENUE.—
   88         (a) All tax revenues received pursuant to this section by a
   89  county imposing the tourist development tax must shall be used
   90  by that county for the following purposes only:
   91         1. To acquire, construct, extend, enlarge, remodel, repair,
   92  improve, maintain, operate, or promote one or more publicly
   93  owned and operated convention centers, sports stadiums, sports
   94  arenas, coliseums, auditoriums, aquariums, or museums that are
   95  publicly owned and operated or owned and operated by not-for
   96  profit organizations and open to the public, within the
   97  boundaries of the county or subcounty special taxing district in
   98  which the tax is levied. Tax revenues received pursuant to this
   99  section may also be used for promotion of zoological parks that
  100  are publicly owned and operated or owned and operated by not
  101  for-profit organizations and open to the public. However, these
  102  purposes may be implemented through service contracts and leases
  103  with lessees with sufficient expertise or financial capability
  104  to operate such facilities;
  105         2. To promote and advertise tourism in this the state of
  106  Florida and nationally and internationally; however, if tax
  107  revenues are expended for an activity, service, venue, or event,
  108  the activity, service, venue, or event must shall have as one of
  109  its main purposes the attraction of tourists as evidenced by the
  110  promotion of the activity, service, venue, or event to tourists;
  111         3. To fund convention bureaus, tourist bureaus, tourist
  112  information centers, and news bureaus as county agencies or by
  113  contract with the chambers of commerce or similar associations
  114  in the county, which may include any indirect administrative
  115  costs for services performed by the county on behalf of the
  116  promotion agency; or
  117         4. To finance beach park facilities or beach improvement,
  118  maintenance, renourishment, restoration, and erosion control,
  119  including shoreline protection, enhancement, cleanup, or
  120  restoration of inland lakes and rivers to which there is public
  121  access as those uses relate to the physical preservation of the
  122  beach, shoreline, or inland lake or river. However, any funds
  123  identified by a county as the local matching source for beach
  124  renourishment, restoration, or erosion control projects included
  125  in the long-range budget plan of the state’s Beach Management
  126  Plan, pursuant to s. 161.091, or funds contractually obligated
  127  by a county in the financial plan for a federally authorized
  128  shore protection project may not be used or loaned for any other
  129  purpose. In counties of less than 100,000 population, no more
  130  than 10 percent of the revenues from the tourist development tax
  131  may be used for beach park facilities; or.
  132         5. For other uses specifically allowed under this
  133  subsection (3).
  134         Section 7. Paragraph (d) of subsection (6) of section
  135  212.20, Florida Statutes, is amended to read:
  136         212.20 Funds collected, disposition; additional powers of
  137  department; operational expense; refund of taxes adjudicated
  138  unconstitutionally collected.—
  139         (6) Distribution of all proceeds under this chapter and s.
  140  202.18(1)(b) and (2)(b) shall be as follows:
  141         (d) The proceeds of all other taxes and fees imposed
  142  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  143  and (2)(b) must shall be distributed as follows:
  144         1. In any fiscal year, the greater of $500 million, minus
  145  an amount equal to 4.6 percent of the proceeds of the taxes
  146  collected pursuant to chapter 201, or 5.2 percent of all other
  147  taxes and fees imposed pursuant to this chapter or remitted
  148  pursuant to s. 202.18(1)(b) and (2)(b) must shall be deposited
  149  in monthly installments into the General Revenue Fund.
  150         2. After the distribution under subparagraph 1., 8.814
  151  percent of the amount remitted by a sales tax dealer located
  152  within a participating county pursuant to s. 218.61 must shall
  153  be transferred into the Local Government Half-cent Sales Tax
  154  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
  155  transferred must shall be reduced by 0.1 percent, and the
  156  department shall distribute this amount to the Public Employees
  157  Relations Commission Trust Fund less $5,000 each month, which
  158  must shall be added to the amount calculated in subparagraph 3.
  159  and distributed accordingly.
  160         3. After the distribution under subparagraphs 1. and 2.,
  161  0.095 percent must shall be transferred to the Local Government
  162  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
  163  to s. 218.65.
  164         4. After the distributions under subparagraphs 1., 2., and
  165  3., 2.0440 percent of the available proceeds must shall be
  166  transferred monthly to the Revenue Sharing Trust Fund for
  167  Counties pursuant to s. 218.215.
  168         5. After the distributions under subparagraphs 1., 2., and
  169  3., 1.3409 percent of the available proceeds must shall be
  170  transferred monthly to the Revenue Sharing Trust Fund for
  171  Municipalities pursuant to s. 218.215. If the total revenue to
  172  be distributed pursuant to this subparagraph is at least as
  173  great as the amount due from the Revenue Sharing Trust Fund for
  174  Municipalities and the former Municipal Financial Assistance
  175  Trust Fund in state fiscal year 1999-2000, a no municipality may
  176  not shall receive less than the amount due from the Revenue
  177  Sharing Trust Fund for Municipalities and the former Municipal
  178  Financial Assistance Trust Fund in state fiscal year 1999-2000.
  179  If the total proceeds to be distributed are less than the amount
  180  received in combination from the Revenue Sharing Trust Fund for
  181  Municipalities and the former Municipal Financial Assistance
  182  Trust Fund in state fiscal year 1999-2000, each municipality
  183  shall receive an amount proportionate to the amount it was due
  184  in state fiscal year 1999-2000.
  185         6. Of the remaining proceeds:
  186         a. In each fiscal year, the sum of $29,915,500 must shall
  187  be divided into as many equal parts as there are counties in the
  188  state, and one part must shall be distributed to each county.
  189  The distribution among the several counties must begin each
  190  fiscal year on or before January 5th and continue monthly for a
  191  total of 4 months. If a local or special law required that any
  192  moneys accruing to a county in fiscal year 1999-2000 under the
  193  then-existing provisions of s. 550.135 be paid directly to the
  194  district school board, special district, or a municipal
  195  government, such payment must continue until the local or
  196  special law is amended or repealed. The state covenants with
  197  holders of bonds or other instruments of indebtedness issued by
  198  local governments, special districts, or district school boards
  199  before July 1, 2000, that it is not the intent of this
  200  subparagraph to adversely affect the rights of those holders or
  201  relieve local governments, special districts, or district school
  202  boards of the duty to meet their obligations as a result of
  203  previous pledges or assignments or trusts entered into which
  204  obligated funds received from the distribution to county
  205  governments under then-existing s. 550.135. This distribution
  206  specifically is in lieu of funds distributed under s. 550.135
  207  before July 1, 2000.
  208         b. The department shall, pursuant to s. 288.1162,
  209  distribute $166,667 monthly pursuant to s. 288.1162 to each
  210  applicant certified as a facility for a new or retained
  211  professional sports franchise pursuant to s. 288.1162. Up to
  212  $41,667 must shall be distributed monthly by the department to
  213  each certified applicant as defined in s. 288.11621 for a
  214  facility for a spring training franchise. However, not more than
  215  $416,670 may be distributed monthly in the aggregate to all
  216  certified applicants for facilities for spring training
  217  franchises. Distributions begin 60 days after such certification
  218  and continue for not more than 30 years, except as otherwise
  219  provided in s. 288.11621. A certified applicant identified in
  220  this sub-subparagraph may not receive more in distributions than
  221  expended by the applicant for the public purposes provided for
  222  in s. 288.1162 288.1162(5) or s. 288.11621(3).
  223         c. Beginning 30 days after notice by the Department of
  224  Economic Opportunity to the Department of Revenue that an
  225  applicant has been certified as the professional golf hall of
  226  fame pursuant to s. 288.1168 and is open to the public, $166,667
  227  must shall be distributed monthly, for up to 300 months, to the
  228  applicant.
  229         d. Beginning 30 days after notice by the Department of
  230  Economic Opportunity to the Department of Revenue that the
  231  applicant has been certified as the International Game Fish
  232  Association World Center facility pursuant to s. 288.1169, and
  233  the facility is open to the public, $83,333 must shall be
  234  distributed monthly, for up to 168 months, to the applicant.
  235  This distribution is subject to reduction pursuant to s.
  236  288.1169. A lump sum payment of $999,996 must shall be made,
  237  after certification and before July 1, 2000.
  238         e. Beginning 45 days after notice by the Department of
  239  Economic Opportunity to the Department of Revenue that an
  240  applicant has been approved by the Legislature and certified by
  241  the Department of Economic Opportunity under s. 288.11625, the
  242  department shall distribute each month an amount equal to one
  243  twelfth the annual distribution amount certified by the
  244  Department of Economic Opportunity for the applicant. The
  245  department may not distribute more than $13 million annually to
  246  all applicants approved by the Legislature and certified by the
  247  Department of Economic Opportunity pursuant to s. 288.11625.
  248         7. All other proceeds must remain in the General Revenue
  249  Fund.
  250         Section 8. Section 288.11625, Florida Statutes, is created
  251  to read:
  252         288.11625 Sports development.—
  253         (1) ADMINISTRATION.—The department shall serve as the state
  254  agency responsible for screening applicants for state funding
  255  under s. 212.20(6)(d)6.e.
  256         (2) DEFINITIONS.—As used in this section, the term:
  257         (a) “Agreement” means a signed agreement between a unit of
  258  local government and a beneficiary.
  259         (b) “Applicant” means a unit of local government, as
  260  defined in s. 218.369, which is responsible for the
  261  construction, management, or operation of a facility; or an
  262  entity that is responsible for the construction, management, or
  263  operation of a facility if a unit of local government holds
  264  title to the underlying property on which the facility is
  265  located.
  266         (c) “Beneficiary” means a professional sports franchise of
  267  the National Football League, the National Hockey League, the
  268  National Basketball Association, the National League or American
  269  League of Major League Baseball, Major League Soccer, or the
  270  National Association for Stock Car Auto Racing, or a nationally
  271  recognized professional sports association that occupies or uses
  272  a facility as the facility’s primary tenant. A beneficiary may
  273  also be an applicant under this section.
  274         (d) “Facility” means a facility primarily used to host
  275  games or events held by a beneficiary and does not include any
  276  portion used to provide transient lodging.
  277         (e) “Project” means a proposed construction,
  278  reconstruction, renovation, or improvement of a facility, or the
  279  proposed acquisition of land to construct a new facility.
  280         (f) “Signature event” means a professional sports event
  281  with significant export factor potential. For purposes of this
  282  paragraph, the term “export factor” means the attraction of
  283  economic activity or growth into the state which otherwise would
  284  not have occurred. Examples of signature events may include, but
  285  are not limited to:
  286         1. National Football League Super Bowls.
  287         2. Professional sports All-Star games.
  288         3. International sporting events and tournaments.
  289         4. Professional automobile race championships or Formula 1
  290  Grand Prix.
  291         5. The establishment of a new professional sports franchise
  292  in this state.
  293         (g) “State sales taxes generated by sales at the facility”
  294  means state sales taxes imposed under chapter 212 generated by
  295  admissions to the facility or by sales made by vendors at the
  296  facility who are accessible to persons attending events
  297  occurring at the facility.
  298         (3) PURPOSE.—The purpose of this section is to provide
  299  applicants state funding under s. 212.20(6)(d)6.e. for the
  300  public purpose of constructing, reconstructing, renovating, or
  301  improving a facility.
  302         (4) APPLICATION AND APPROVAL PROCESS.—
  303         (a) The department shall establish the procedures and
  304  application forms deemed necessary pursuant to the requirements
  305  of this section. The department may notify an applicant of any
  306  additional required or incomplete information necessary to
  307  evaluate an application.
  308         (b) The annual application period is from June 1 through
  309  November 1.
  310         (c) Within 60 days after receipt of a completed
  311  application, the department shall complete its evaluation of the
  312  application as provided under subsection (5) and notify the
  313  applicant in writing of the department’s decision to recommend
  314  approval of the applicant by the Legislature or to deny the
  315  application.
  316         (d) Annually by February 1, the department shall rank the
  317  applicants and shall provide to the Legislature the list of the
  318  recommended applicants in ranked order of projects most likely
  319  to positively impact the state based on required criteria
  320  established in this section. The list must include the
  321  department’s evaluation of the applicant.
  322         (e) A recommended applicant’s request for funding must be
  323  approved by the Legislature by general law.
  324         1. An application by a unit of local government which is
  325  approved by the Legislature and subsequently certified by the
  326  department remains certified for the duration of the
  327  beneficiary’s agreement with the applicant or for 30 years,
  328  whichever is less, provided the certified applicant has an
  329  agreement with a beneficiary at the time of initial
  330  certification by the department.
  331         2. An application by a beneficiary which is approved by the
  332  Legislature and subsequently certified by the department remains
  333  certified for the duration of the beneficiary’s agreement with
  334  the unit of local government that owns the underlying property
  335  or for 30 years, whichever is less, provided the certified
  336  applicant has an agreement with the unit of local government at
  337  the time of initial certification by the department.
  338         3. An applicant that is previously certified pursuant to
  339  this section does not need legislative approval each year to
  340  receive state funding.
  341         (f) An applicant that is recommended by the department but
  342  is not approved by the Legislature may reapply and update any
  343  information in the original application as required by the
  344  department.
  345         (g) The department may recommend no more than one
  346  distribution under this section for any applicant, facility, or
  347  beneficiary at a time.
  348         (5) EVALUATION PROCESS.—
  349         (a) Before recommending an applicant to receive a state
  350  distribution under s. 212.20(6)(d)6.e., the department must
  351  verify that:
  352         1. The applicant or beneficiary is responsible for the
  353  construction, reconstruction, renovation, or improvement of a
  354  facility.
  355         2. If the applicant is also the beneficiary, a unit of
  356  local government holds title to the property on which the
  357  facility and project are located.
  358         3. If the applicant is a unit of local government in whose
  359  jurisdiction the facility will be located, the unit of local
  360  government has an exclusive intent agreement to negotiate in
  361  this state with the beneficiary.
  362         4.a. The unit of local government in whose jurisdiction the
  363  facility will be located supports the application for state
  364  funds. Such support must be verified by the adoption of a
  365  resolution after a public hearing that the project serves a
  366  public purpose.
  367         b. If the unit of local government is required to pass a
  368  resolution by a majority plus one vote by the local government’s
  369  governing body and to hold a referendum for approval pursuant to
  370  s. 125.0104(3)(n)2., such resolution and referendum must
  371  affirmatively pass for the applicant to receive state funding
  372  under this section.
  373         5. The applicant or beneficiary has not previously
  374  defaulted or failed to meet any statutory requirements of a
  375  previous state-administered sports-related program under s.
  376  288.1162, s. 288.11621, or s. 288.1168.
  377         6. The applicant or beneficiary has sufficiently
  378  demonstrated a commitment to employ residents of this state,
  379  contract with Florida-based firms, and purchase locally
  380  available building materials to the greatest extent possible.
  381         7. If the applicant is a unit of local government, the
  382  applicant has a certified copy of a signed agreement with a
  383  beneficiary for the use of the facility. If the applicant is a
  384  beneficiary, the beneficiary must enter into an agreement with
  385  the department. The applicant’s or beneficiary’s agreement must
  386  also require the following:
  387         a. The beneficiary must reimburse the state for state funds
  388  that have been distributed and will be distributed if the
  389  beneficiary relocates before the agreement expires.
  390         b. The beneficiary must pay for signage or advertising
  391  within the facility. The signage or advertising must be placed
  392  in a prominent location as close to the field of play or
  393  competition as is practical, displayed consistent with signage
  394  or advertising in the same location and like value, and must
  395  feature Florida advertising approved by the Florida Tourism
  396  Industry Marketing Corporation.
  397         8. The project will commence within 12 months after
  398  receiving state funds.
  399         (b) The department shall competitively evaluate and rank
  400  applicants that submit applications for state funding which are
  401  received during the application period using the following
  402  criteria to evaluate the applicant’s ability to positively
  403  impact the state:
  404         1. The proposed use of state funds.
  405         2. The length of time that a beneficiary has agreed to use
  406  the facility.
  407         3. The percentage of total project funds provided by the
  408  applicant and the percentage of total project funds provided by
  409  the beneficiary.
  410         4. The number and type of signature events the facility is
  411  likely to attract during the duration of the agreement with the
  412  beneficiary.
  413         5. The anticipated increase in average annual ticket sales
  414  and attendance at the facility due to the project.
  415         6. The potential to attract out-of-state visitors to the
  416  facility.
  417         7. The length of time a beneficiary has been in the state
  418  or partnered with the unit of local government. In order to
  419  encourage new franchises to locate in this state, an application
  420  for a new franchise shall be considered to have a significant
  421  positive impact on the state and shall be given priority in the
  422  evaluation and ranking by the department.
  423         8. The multiuse capabilities of the facility.
  424         9. The facility’s projected employment of residents of this
  425  state, contracts with Florida-based firms, and purchases of
  426  locally available building materials.
  427         10. The amount of private and local financial or in-kind
  428  contributions to the project.
  429         11. The amount of positive advertising or media coverage
  430  the facility generates.
  431         (6) DISTRIBUTION.—
  432         (a) The department shall determine the annual distribution
  433  amount an applicant may receive based on the total cost of the
  434  project.
  435         1. If the total project cost is $200 million or greater,
  436  the applicant is eligible to receive annual distributions equal
  437  to the new incremental state sales taxes generated by sales at
  438  the facility during 12 months as provided under subparagraph
  439  (b)2., up to $3 million.
  440         2. If the total project cost is at least $100 million but
  441  less than $200 million, the applicant is eligible to receive
  442  annual distributions equal to the new incremental state sales
  443  taxes generated by sales at the facility during 12 months as
  444  provided under subparagraph (b)2., up to $2 million.
  445         3. If the total project cost is less than $100 million, the
  446  applicant is eligible to receive annual distributions equal to
  447  the new incremental state sales taxes generated by sales at the
  448  facility during 12 months as provided under subparagraph (b)2.,
  449  up to $1 million.
  450         (b) At the time of initial evaluation and review by the
  451  department pursuant to subsection (5), the applicant must
  452  provide an analysis by an independent certified public
  453  accountant which demonstrates:
  454         1. The amount of state sales taxes generated by sales at
  455  the facility during the 12-month period immediately prior to the
  456  beginning of the application period. This amount is the
  457  baseline.
  458         2. The expected amount of new incremental state sales taxes
  459  generated by sales at the facility above the baseline which will
  460  be generated as a result of the project.
  461         (c) The independent analysis provided in paragraph (b) must
  462  be verified by the department.
  463         (d) The Department of Revenue shall begin distributions
  464  within 45 days after notification of initial certification from
  465  the department.
  466         (e) The department must consult with the Department of
  467  Revenue and the Office of Economic and Demographic Research to
  468  develop a standard calculation for estimating new incremental
  469  state sales taxes generated by sales at the facility and
  470  adjustments to distributions.
  471         (f) In any 12-month period when total distributions for all
  472  certified applicants equal $13 million, the department may not
  473  certify new distributions for any additional applicants.
  474         (7) CONTRACT.—An applicant approved by the Legislature and
  475  certified by the department must enter into a contract with the
  476  department which:
  477         (a) Specifies the terms of the state’s investment.
  478         (b) States the criteria that the certified applicant must
  479  meet in order to remain certified.
  480         (c) Requires the applicant to submit the independent
  481  analysis required under subsection (6) and an annual independent
  482  analysis.
  483         1. The applicant must agree to submit to the department,
  484  beginning 12 months after completion of a project or 12 months
  485  after the first four annual distributions, whichever is earlier,
  486  an annual analysis by an independent certified public accountant
  487  demonstrating the actual amount of new incremental state sales
  488  taxes generated by sales at the facility during the previous 12
  489  month period. The applicant shall certify to the department a
  490  comparison of the actual amount of state sales taxes generated
  491  by sales at the facility during the previous 12-month period to
  492  the baseline under subparagraph (6)(b)1.
  493         2. The applicant must submit the certification within 60
  494  days after the end of the previous 12-month period. The
  495  department shall verify the analysis.
  496         (d) Specifies information that the certified applicant must
  497  report to the department.
  498         (e) Requires the applicant to reimburse the state for the
  499  amount each year that the actual new incremental state sales
  500  taxes generated by sales at the facility during the most recent
  501  12-month period was less than the annual distribution under
  502  paragraph (6)(a). This requirement applies 12 months after
  503  completion of a project or 12 months after the first four annual
  504  distributions, whichever is earlier.
  505         1. If the applicant is unable or unwilling to reimburse the
  506  state in any year for the amount equal to the difference between
  507  the actual new incremental state sales taxes generated by sales
  508  at the facility and the annual distribution under paragraph
  509  (6)(a), the department may place a lien on the applicant’s
  510  facility.
  511         2. If the applicant is a municipality or county, it may
  512  reimburse the state from its half-cent sales tax allocation, as
  513  provided in s. 218.64(3).
  514         3. Reimbursements must be sent to the Department of Revenue
  515  for deposit into the General Revenue Fund.
  516         (f) Includes any provisions deemed prudent by the
  517  department.
  518         (8) USE OF FUNDS.—An applicant certified under this section
  519  may use state funds only for the following purposes:
  520         (a) Constructing, reconstructing, renovating, or improving
  521  a facility, or reimbursing such costs.
  522         (b) Paying or pledging for the payment of debt service on,
  523  or to fund debt service reserve funds, arbitrage rebate
  524  obligations, or other amounts payable with respect thereto,
  525  bonds issued for the construction or renovation of such
  526  facility; or for the reimbursement of such costs or the
  527  refinancing of bonds issued for such purposes.
  528         (9) REPORTS.—
  529         (a) On or before November 1 of each year, an applicant
  530  certified under this section and approved to receive state funds
  531  must submit to the department any information required by the
  532  department. The department shall summarize this information for
  533  inclusion in the report to the Legislature due February 1 under
  534  paragraph (4)(d).
  535         (b) Every 5 years following the first month that an
  536  applicant receives a monthly distribution, the department must
  537  verify that the applicant is meeting the program requirements.
  538  If the applicant is not meeting program requirements, the
  539  department must notify the Governor and Legislature of the
  540  requirements not being met and must recommend future action as
  541  part of the report to the Legislature due February 1 pursuant to
  542  paragraph (4)(d). The department shall consider exceptions that
  543  may have prevented the applicant from meeting the program
  544  requirements. Such exceptions include:
  545         1. Force majeure events.
  546         2. Significant economic downturn.
  547         3. Other extenuating circumstances.
  548         (10) AUDITS.—The Auditor General may conduct audits
  549  pursuant to s. 11.45 to verify the independent analysis required
  550  under paragraphs (6)(b) and (7)(c) and to verify that the
  551  distributions are expended as required. The Auditor General
  552  shall report the findings to the department. If the Auditor
  553  General determines that the distribution payments are not
  554  expended as required, the Auditor General must notify the
  555  Department of Revenue, which may pursue recovery of
  556  distributions under the laws and rules that govern the
  557  assessment of taxes.
  558         (11) REPAYMENT OF DISTRIBUTIONS.—An applicant that is
  559  certified under this section may be subject to repayment of
  560  distributions upon the occurrence of any of the following:
  561         (a) An applicant’s beneficiary has broken the terms of its
  562  agreement with the applicant and relocated from the facility.
  563  The beneficiary must reimburse the state for state funds that
  564  have been distributed and will be distributed if the beneficiary
  565  relocates before the agreement expires.
  566         (b) The department has determined that an applicant has
  567  submitted any information or made a representation that is
  568  determined to be false, misleading, deceptive, or otherwise
  569  untrue. The applicant must reimburse the state for state funds
  570  that have been distributed and will be distributed if such
  571  determination is made.
  572         (12) HALTING OF PAYMENTS.—The applicant may request to halt
  573  future distributions by providing the department with written
  574  notice at least 20 days prior to the next monthly distribution
  575  payment. The department must immediately notify the Department
  576  of Revenue to halt future payments.
  577         (13) RULEMAKING.—The department may adopt rules to
  578  implement this section.
  579         Section 9. Contingent upon enactment of the Economic
  580  Development Program Evaluation as set forth in SB 406 or similar
  581  legislation, section 288.116255, Florida Statutes, is created to
  582  read:
  583         288.116255 Sports Development Program Evaluation.—Beginning
  584  in 2015, the Sports Development Program must be evaluated as
  585  part of the Economic Development Program Evaluation, and every 3
  586  years thereafter.
  587         Section 10. Subsections (2) and (3) of section 218.64,
  588  Florida Statutes, are amended to read:
  589         218.64 Local government half-cent sales tax; uses;
  590  limitations.—
  591         (2) Municipalities shall expend their portions of the local
  592  government half-cent sales tax only for municipality-wide
  593  programs, for reimbursing the state as required by a contract
  594  pursuant to s. 288.11625(7), or for municipality-wide property
  595  tax or municipal utility tax relief. All utility tax rate
  596  reductions afforded by participation in the local government
  597  half-cent sales tax shall be applied uniformly across all types
  598  of taxed utility services.
  599         (3) Subject to ordinances enacted by the majority of the
  600  members of the county governing authority and by the majority of
  601  the members of the governing authorities of municipalities
  602  representing at least 50 percent of the municipal population of
  603  such county, counties may use up to $3 $2 million annually of
  604  the local government half-cent sales tax allocated to that
  605  county for funding for any of the following purposes applicants:
  606         (a) Funding a certified applicant as a facility for a new
  607  or retained professional sports franchise under s. 288.1162 or a
  608  certified applicant as defined in s. 288.11621 for a facility
  609  for a spring training franchise. It is the Legislature’s intent
  610  that the provisions of s. 288.1162, including, but not limited
  611  to, the evaluation process by the Department of Economic
  612  Opportunity except for the limitation on the number of certified
  613  applicants or facilities as provided in that section and the
  614  restrictions set forth in s. 288.1162(8), shall apply to an
  615  applicant’s facility to be funded by local government as
  616  provided in this subsection.
  617         (b) Funding a certified applicant as a “motorsport
  618  entertainment complex,” as provided for in s. 288.1171. Funding
  619  for each franchise or motorsport complex shall begin 60 days
  620  after certification and shall continue for not more than 30
  621  years.
  622         (c) Reimbursing the state as required by a contract
  623  pursuant to s. 288.11625(7).
  624         Section 11. (1) The executive director of the Department of
  625  Economic Opportunity may, and all conditions are deemed met,
  626  adopt emergency rules pursuant to ss. 120.536(1) and 120.54(4),
  627  Florida Statutes, for the purpose of implementing this act.
  628         (2) Notwithstanding any provision of law, such emergency
  629  rules remain in effect for 6 months after the date adopted and
  630  may be renewed during the pendency of procedures to adopt
  631  permanent rules addressing the subject of the emergency rules.
  632  
  633  ================= T I T L E  A M E N D M E N T ================
  634         And the title is amended as follows:
  635         Delete line 43
  636  and insert:
  637         project; amending s. 125.0104, F.S.; providing that
  638         tourist development tax revenues may also be used to
  639         pay the debt service on bonds that finance the
  640         renovation of a professional sports facility that is
  641         publicly owned, or that is on publicly owned land, and
  642         that is publicly operated or operated by the owner of
  643         a professional sports franchise or other lessee;
  644         requiring that the renovation costs exceed a specified
  645         amount; allowing certain fees and costs to be included
  646         in the cost for renovation; requiring private
  647         contributions to the professional sports facility as a
  648         condition for the use of tourist development taxes;
  649         authorizing the use of certain tax revenues to pay for
  650         operation and maintenance costs of the renovated
  651         facility; requiring a majority plus one vote of the
  652         membership of the board of county commissioners to
  653         levy a tax for renovation of a sports franchise
  654         facility after approval by a majority of the electors
  655         voting in a referendum to approve the proposed use of
  656         the tax revenues; authorizing the referendum to be
  657         held before or after the effective date of this act;
  658         providing requirements for the referendum ballot;
  659         providing for nonapplication of the prohibition
  660         against levying such tax in certain cities and towns
  661         under certain conditions; authorizing the use of
  662         tourist development tax revenues for financing the
  663         renovation of a professional sports franchise
  664         facility; amending s. 212.20, F.S.; authorizing a
  665         distribution for an applicant that has been approved
  666         by the Legislature and certified by the Department of
  667         Economic Opportunity under s. 288.11625, F.S.;
  668         providing a limitation; creating s. 288.11625, F.S.;
  669         providing that the Department of Economic Opportunity
  670         shall screen applicants for state funding for sports
  671         development; defining the terms “agreement,”
  672         “applicant,” “beneficiary,” “facility,” “project,”
  673         “state sales taxes generated by sales at the
  674         facility,” and “signature event”; providing a purpose
  675         to provide funding for applicants for constructing,
  676         reconstructing, renovating, or improving a facility;
  677         providing an application and approval process;
  678         providing for an annual application period; providing
  679         for the Department of Economic Opportunity to submit
  680         recommendations to the Legislature by a certain date;
  681         requiring legislative approval for state funding;
  682         providing evaluation criteria for an applicant to
  683         receive state funding; providing for evaluation and
  684         ranking of applicants under certain criteria; allowing
  685         the department to determine the type of beneficiary;
  686         providing levels of state funding up to a certain
  687         amount of new incremental state sales tax revenue;
  688         providing for a distribution and calculation;
  689         requiring the Department of Revenue to distribute
  690         funds within a certain timeframe after notification by
  691         the department; limiting annual distributions to $13
  692         million; providing for a contract between the
  693         department and the applicant; limiting use of funds;
  694         requiring an applicant to submit information to the
  695         department annually; requiring a 5-year review;
  696         authorizing the Auditor General to conduct audits;
  697         providing for reimbursement of the state funding under
  698         certain circumstances; providing for discontinuation
  699         of distributions upon an applicant’s request;
  700         authorizing the Department of Economic Opportunity to
  701         adopt rules; contingently creating s. 288.116255,
  702         F.S.; providing for an evaluation; amending s. 218.64,
  703         F.S.; providing for municipalities and counties to
  704         expend a portion of local government half-cent sales
  705         tax revenues to reimburse the state as required by a
  706         contract; authorizing the Department of Economic
  707         Opportunity to adopt emergency rules; providing an
  708         effective date.