Florida Senate - 2014 SB 1216
By Senator Latvala
20-01130A-14 20141216__
1 A bill to be entitled
2 An act relating to professional sports facilities;
3 amending s. 212.20, F.S.; authorizing a distribution
4 for an applicant that has been approved by the
5 Legislature and certified by the Department of
6 Economic Opportunity under s. 288.11625, F.S.;
7 providing a limitation; amending s. 218.64, F.S.;
8 providing for municipalities and counties to expend an
9 increased portion of local government half-cent sales
10 tax revenues to reimburse the state as required by a
11 contract; amending s. 288.0001, F.S.; providing for an
12 evaluation; creating s. 288.11625, F.S.; requiring the
13 Department of Economic Opportunity to screen
14 applicants for state funding for sports development;
15 defining terms; providing a purpose to provide funding
16 for applicants for constructing, reconstructing,
17 renovating, or improving a facility; providing an
18 application and approval process; providing for an
19 annual application period; providing for the
20 department to submit recommendations to the
21 Legislature by a certain date; requiring legislative
22 approval for state funding; providing evaluation
23 criteria for an applicant to receive state funding;
24 providing for evaluation and ranking of applicants
25 under certain criteria; requiring the department to
26 determine the annual distribution amount an applicant
27 may receive based on the total cost of the project;
28 capping the distribution amount based on total project
29 costs; requiring the applicant to provide an analysis
30 by a certified public accountant to the department;
31 requiring the Department of Revenue to distribute
32 funds within a certain timeframe after notification by
33 the department; requiring the department to develop a
34 calculation to estimate certain taxes; limiting annual
35 distributions to a specified amount; providing for a
36 contract between the department and the applicant;
37 limiting use of funds; requiring an applicant to
38 submit information to the department annually;
39 requiring a 5-year review; authorizing the Auditor
40 General to conduct audits; providing for reimbursement
41 of the state funding under certain circumstances;
42 providing for discontinuation of distributions upon an
43 applicant’s request; authorizing the department to
44 adopt rules; amending s. 288.11631, F.S.; revising the
45 requirements for an applicant to be certified to
46 receive state funding for a facility for a spring
47 training franchise; authorizing the department to
48 adopt emergency rules; providing an effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
51
52 Section 1. Paragraph (d) of subsection (6) of section
53 212.20, Florida Statutes, is amended to read:
54 212.20 Funds collected, disposition; additional powers of
55 department; operational expense; refund of taxes adjudicated
56 unconstitutionally collected.—
57 (6) Distribution of all proceeds under this chapter and s.
58 202.18(1)(b) and (2)(b) shall be as follows:
59 (d) The proceeds of all other taxes and fees imposed
60 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
61 and (2)(b) shall be distributed as follows:
62 1. In any fiscal year, the greater of $500 million, minus
63 an amount equal to 4.6 percent of the proceeds of the taxes
64 collected pursuant to chapter 201, or 5.2 percent of all other
65 taxes and fees imposed pursuant to this chapter or remitted
66 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
67 monthly installments into the General Revenue Fund.
68 2. After the distribution under subparagraph 1., 8.814
69 percent of the amount remitted by a sales tax dealer located
70 within a participating county pursuant to s. 218.61 shall be
71 transferred into the Local Government Half-cent Sales Tax
72 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
73 transferred shall be reduced by 0.1 percent, and the department
74 shall distribute this amount to the Public Employees Relations
75 Commission Trust Fund less $5,000 each month, which shall be
76 added to the amount calculated in subparagraph 3. and
77 distributed accordingly.
78 3. After the distribution under subparagraphs 1. and 2.,
79 0.095 percent shall be transferred to the Local Government Half
80 cent Sales Tax Clearing Trust Fund and distributed pursuant to
81 s. 218.65.
82 4. After the distributions under subparagraphs 1., 2., and
83 3., 2.0440 percent of the available proceeds shall be
84 transferred monthly to the Revenue Sharing Trust Fund for
85 Counties pursuant to s. 218.215.
86 5. After the distributions under subparagraphs 1., 2., and
87 3., 1.3409 percent of the available proceeds shall be
88 transferred monthly to the Revenue Sharing Trust Fund for
89 Municipalities pursuant to s. 218.215. If the total revenue to
90 be distributed pursuant to this subparagraph is at least as
91 great as the amount due from the Revenue Sharing Trust Fund for
92 Municipalities and the former Municipal Financial Assistance
93 Trust Fund in state fiscal year 1999-2000, no municipality shall
94 receive less than the amount due from the Revenue Sharing Trust
95 Fund for Municipalities and the former Municipal Financial
96 Assistance Trust Fund in state fiscal year 1999-2000. If the
97 total proceeds to be distributed are less than the amount
98 received in combination from the Revenue Sharing Trust Fund for
99 Municipalities and the former Municipal Financial Assistance
100 Trust Fund in state fiscal year 1999-2000, each municipality
101 shall receive an amount proportionate to the amount it was due
102 in state fiscal year 1999-2000.
103 6. Of the remaining proceeds:
104 a. In each fiscal year, the sum of $29,915,500 shall be
105 divided into as many equal parts as there are counties in the
106 state, and one part shall be distributed to each county. The
107 distribution among the several counties must begin each fiscal
108 year on or before January 5th and continue monthly for a total
109 of 4 months. If a local or special law required that any moneys
110 accruing to a county in fiscal year 1999-2000 under the then
111 existing provisions of s. 550.135 be paid directly to the
112 district school board, special district, or a municipal
113 government, such payment must continue until the local or
114 special law is amended or repealed. The state covenants with
115 holders of bonds or other instruments of indebtedness issued by
116 local governments, special districts, or district school boards
117 before July 1, 2000, that it is not the intent of this
118 subparagraph to adversely affect the rights of those holders or
119 relieve local governments, special districts, or district school
120 boards of the duty to meet their obligations as a result of
121 previous pledges or assignments or trusts entered into which
122 obligated funds received from the distribution to county
123 governments under then-existing s. 550.135. This distribution
124 specifically is in lieu of funds distributed under s. 550.135
125 before July 1, 2000.
126 b. The department shall distribute $166,667 monthly
127 pursuant to s. 288.1162 to each applicant certified as a
128 facility for a new or retained professional sports franchise
129 pursuant to s. 288.1162. Up to $41,667 shall be distributed
130 monthly by the department to each certified applicant as defined
131 in s. 288.11621 for a facility for a spring training franchise.
132 However, not more than $416,670 may be distributed monthly in
133 the aggregate to all certified applicants for facilities for
134 spring training franchises. Distributions begin 60 days after
135 such certification and continue for not more than 30 years,
136 except as otherwise provided in s. 288.11621. A certified
137 applicant identified in this sub-subparagraph may not receive
138 more in distributions than expended by the applicant for the
139 public purposes provided for in s. 288.1162(5) or s.
140 288.11621(3).
141 c. Beginning 30 days after notice by the Department of
142 Economic Opportunity to the Department of Revenue that an
143 applicant has been certified as the professional golf hall of
144 fame pursuant to s. 288.1168 and is open to the public, $166,667
145 shall be distributed monthly, for up to 300 months, to the
146 applicant.
147 d. Beginning 30 days after notice by the Department of
148 Economic Opportunity to the Department of Revenue that the
149 applicant has been certified as the International Game Fish
150 Association World Center facility pursuant to s. 288.1169, and
151 the facility is open to the public, $83,333 shall be distributed
152 monthly, for up to 168 months, to the applicant. This
153 distribution is subject to reduction pursuant to s. 288.1169. A
154 lump sum payment of $999,996 shall be made, after certification
155 and before July 1, 2000.
156 e. The department shall distribute up to $55,555 monthly to
157 each certified applicant as defined in s. 288.11631 for a
158 facility used by a single spring training franchise, or up to
159 $111,110 monthly to each certified applicant as defined in s.
160 288.11631 for a facility used by more than one spring training
161 franchise. Monthly distributions begin 60 days after such
162 certification or July 1, 2016, whichever is later, and continue
163 for not more than 30 years, except as otherwise provided in s.
164 288.11631. A certified applicant identified in this sub
165 subparagraph may not receive more in distributions than expended
166 by the applicant for the public purposes provided in s.
167 288.11631(3).
168 f. Beginning 45 days after notice by the Department of
169 Economic Opportunity to the Department of Revenue that an
170 applicant has been approved by the Legislature and certified by
171 the Department of Economic Opportunity under s. 288.11625, the
172 department shall distribute each month an amount equal to one
173 twelfth of the annual distribution amount certified by the
174 Department of Economic Opportunity for the applicant. The
175 department may not distribute more than $13 million annually
176 under this sub-subparagraph.
177 7. All other proceeds must remain in the General Revenue
178 Fund.
179 Section 2. Subsections (2) and (3) of section 218.64,
180 Florida Statutes, are amended to read:
181 218.64 Local government half-cent sales tax; uses;
182 limitations.—
183 (2) Municipalities shall expend their portions of the local
184 government half-cent sales tax only for municipality-wide
185 programs, for reimbursing the state as required by a contract
186 pursuant to s. 288.11625(7), or for municipality-wide property
187 tax or municipal utility tax relief. All utility tax rate
188 reductions afforded by participation in the local government
189 half-cent sales tax shall be applied uniformly across all types
190 of taxed utility services.
191 (3) Subject to ordinances enacted by the majority of the
192 members of the county governing authority and by the majority of
193 the members of the governing authorities of municipalities
194 representing at least 50 percent of the municipal population of
195 such county, counties may use up to $3 $2 million annually of
196 the local government half-cent sales tax allocated to that
197 county for funding for any of the following purposes applicants:
198 (a) Funding a certified applicant as a facility for a new
199 or retained professional sports franchise under s. 288.1162 or a
200 certified applicant as defined in s. 288.11621 for a facility
201 for a spring training franchise. It is the Legislature’s intent
202 that the provisions of s. 288.1162, including, but not limited
203 to, the evaluation process by the Department of Economic
204 Opportunity except for the limitation on the number of certified
205 applicants or facilities as provided in that section and the
206 restrictions set forth in s. 288.1162(8), shall apply to an
207 applicant’s facility to be funded by local government as
208 provided in this subsection.
209 (b) Funding a certified applicant as a “motorsport
210 entertainment complex,” as provided for in s. 288.1171. Funding
211 for each franchise or motorsport complex shall begin 60 days
212 after certification and shall continue for not more than 30
213 years.
214 (c) Reimbursing the state as required by a contract entered
215 into under s. 288.11625(7).
216 Section 3. Paragraph (d) is added to subsection (2) of
217 section 288.0001, Florida Statutes, to read:
218 288.0001 Economic Development Programs Evaluation.—The
219 Office of Economic and Demographic Research and the Office of
220 Program Policy Analysis and Government Accountability (OPPAGA)
221 shall develop and present to the Governor, the President of the
222 Senate, the Speaker of the House of Representatives, and the
223 chairs of the legislative appropriations committees the Economic
224 Development Programs Evaluation.
225 (2) The Office of Economic and Demographic Research and
226 OPPAGA shall provide a detailed analysis of economic development
227 programs as provided in the following schedule:
228 (d) Beginning January 1, 2018, and every 3 years
229 thereafter, an analysis of the Sports Development Program
230 established under s. 288.11625.
231 Section 4. Section 288.11625, Florida Statutes, is created
232 to read:
233 288.11625 Sports development.—
234 (1) ADMINISTRATION.—The department shall serve as the state
235 agency responsible for screening applicants for state funding
236 under s. 212.20(6)(d)6.f.
237 (2) DEFINITIONS.—As used in this section, the term:
238 (a) “Agreement” means a signed agreement between a unit of
239 local government and a beneficiary.
240 (b) “Applicant” means a unit of local government, as
241 defined in s. 218.369, which is responsible for the
242 construction, management, or operation of a facility; or an
243 entity that is responsible for the construction, management, or
244 operation of a facility if a unit of local government holds
245 title to the underlying property on which the facility is
246 located.
247 (c) “Beneficiary” means a professional sports franchise of
248 the National Football League, the National Hockey League, the
249 National Basketball Association, the National League or American
250 League of Major League Baseball, Major League Soccer, or the
251 National Association for Stock Car Auto Racing. A beneficiary
252 may also be an applicant under this section.
253 (d) “Facility” means a structure primarily used to host
254 games or events held by a beneficiary and does not include any
255 portion used to provide transient lodging.
256 (e) “Project” means a proposed construction,
257 reconstruction, renovation, or improvement of a facility or the
258 proposed acquisition of land to construct a new facility.
259 (f) “Signature event” means a professional sports event
260 with significant export factor potential. For purposes of this
261 paragraph, the term “export factor” means the attraction of
262 economic activity or growth into the state which otherwise would
263 not have occurred. Examples of signature events may include, but
264 are not limited to:
265 1. National Football League Super Bowls.
266 2. Professional sports All-Star games.
267 3. International sporting events and tournaments.
268 4. Professional automobile race championships or Formula 1
269 Grand Prix.
270 5. The establishment of a new professional sports franchise
271 in this state.
272 (g) “State sales taxes generated by sales at the facility”
273 means state sales taxes imposed under chapter 212 generated by
274 admissions to the facility or by sales made by vendors at the
275 facility who are accessible only to persons attending events
276 occurring at the facility.
277 (3) PURPOSE.—The purpose of this section is to provide
278 applicants state funding under s. 212.20(6)(d)6.f. for the
279 public purpose of constructing, reconstructing, renovating, or
280 improving a facility.
281 (4) APPLICATION AND APPROVAL PROCESS.—
282 (a) The department shall establish the procedures and
283 application forms deemed necessary pursuant to the requirements
284 of this section. The department may notify an applicant of any
285 additional required or incomplete information necessary to
286 evaluate an application.
287 (b) The annual application period is from June 1 through
288 November 1.
289 (c) Within 60 days after receipt of a completed
290 application, the department shall complete its evaluation of the
291 application as provided under subsection (5) and notify the
292 applicant in writing of the department’s decision to recommend
293 approval of the applicant by the Legislature or to deny the
294 application.
295 (d) By each February 1, the department shall rank the
296 applicants and provide to the Legislature the list of the
297 recommended applicants in ranked order of projects most likely
298 to positively impact the state based on criteria established
299 under this section. The list must include the department’s
300 evaluation of the applicant.
301 (e) A recommended applicant’s request for funding must be
302 approved by the Legislature by general law.
303 1. An application by a unit of local government which is
304 approved by the Legislature and subsequently certified by the
305 department remains certified for the duration of the
306 beneficiary’s agreement with the applicant or for 30 years,
307 whichever is less, provided the certified applicant has an
308 agreement with a beneficiary at the time of initial
309 certification by the department.
310 2. An application by a beneficiary which is approved by the
311 Legislature and subsequently certified by the department remains
312 certified for the duration of the beneficiary’s agreement with
313 the unit of local government that owns the underlying property
314 or for 30 years, whichever is less, provided the certified
315 applicant has an agreement with the unit of local government at
316 the time of initial certification by the department.
317 3. An applicant that is previously certified pursuant to
318 this section does not need legislative approval each year to
319 receive state funding.
320 (f) An applicant that is recommended by the department but
321 not approved by the Legislature may reapply and shall update any
322 information in the original application as required by the
323 department.
324 (g) The department may recommend no more than one
325 distribution under this section for any applicant, facility, or
326 beneficiary at a time.
327 (5) EVALUATION PROCESS.—
328 (a) Before recommending an applicant to receive a state
329 distribution under s. 212.20(6)(d)6.f., the department must
330 verify that:
331 1. The applicant or beneficiary is responsible for the
332 construction, reconstruction, renovation, or improvement of a
333 facility and obtained at least three bids for the project.
334 2. If the applicant is also the beneficiary, a unit of
335 local government holds title to the property on which the
336 facility and project are located.
337 3. If the applicant is a unit of local government in whose
338 jurisdiction the facility will be located, the unit of local
339 government has an exclusive intent agreement to negotiate in
340 this state with the beneficiary.
341 4. The unit of local government in whose jurisdiction the
342 facility will be located supports the application for state
343 funds. Such support must be verified by the adoption of a
344 resolution, after a public hearing, that the project serves a
345 public purpose.
346 5. The applicant or beneficiary has not previously
347 defaulted or failed to meet any statutory requirements of a
348 previous state-administered sports-related program under s.
349 288.1162, s. 288.11621, or s. 288.1168. Additionally, the
350 applicant or beneficiary is not currently receiving state
351 distributions under s. 212.20 or the facility that is the
352 subject of the application is not the subject of a distribution
353 under s. 212.20.
354 6. The applicant or beneficiary has sufficiently
355 demonstrated a commitment to employ residents of this state,
356 contract with Florida-based firms, and purchase locally
357 available building materials to the greatest extent possible.
358 7. If the applicant is a unit of local government, the
359 applicant has a certified copy of a signed agreement with a
360 beneficiary for the use of the facility. If the applicant is a
361 beneficiary, the beneficiary must enter into an agreement with
362 the department. The applicant’s or beneficiary’s agreement must
363 also require the following:
364 a. The beneficiary must reimburse the state for state funds
365 that have been distributed and will be distributed if the
366 beneficiary relocates before the agreement expires.
367 b. The beneficiary must pay for signage or advertising
368 within the facility. The signage or advertising must be placed
369 in a prominent location as close to the field of play or
370 competition as is practicable, must be displayed consistent with
371 signage or advertising in the same location and of like value,
372 and must feature Florida advertising approved by the Florida
373 Tourism Industry Marketing Corporation.
374 8. The project will commence within 12 months after
375 receiving state funds.
376 (b) The department shall competitively evaluate and rank
377 applicants that timely submit applications for state funding
378 based on their ability to positively impact the state using the
379 following criteria:
380 1. The proposed use of state funds.
381 2. The length of time that a beneficiary has agreed to use
382 the facility.
383 3. The percentage of total project funds provided by the
384 applicant and the percentage of total project funds provided by
385 the beneficiary, with priority in the evaluation and ranking
386 given to applications with 50 percent or more of total project
387 funds provided by the applicant and beneficiary.
388 4. The number and type of signature events the facility is
389 likely to attract during the duration of the agreement with the
390 beneficiary.
391 5. The anticipated increase in average annual ticket sales
392 and attendance at the facility due to the project.
393 6. The potential to attract out-of-state visitors to the
394 facility.
395 7. The length of time a beneficiary has been in this state
396 or partnered with the unit of local government. In order to
397 encourage new franchises to locate in this state, an application
398 for a new franchise shall be considered to have a significant
399 positive impact on the state and shall be given priority in the
400 evaluation and ranking by the department.
401 8. The multiuse capabilities of the facility.
402 9. The facility’s projected employment of residents of this
403 state, contracts with Florida-based firms, and purchases of
404 locally available building materials.
405 10. The amount of private and local financial or in-kind
406 contributions to the project.
407 11. The amount of positive advertising or media coverage
408 the facility generates.
409 (6) DISTRIBUTION.—
410 (a) The department shall determine the annual distribution
411 amount an applicant may receive based on the total cost of the
412 project.
413 1. If the total project cost is $200 million or greater,
414 the applicant may receive annual distributions equal to the new
415 incremental state sales taxes generated by sales at the facility
416 during 12 months as provided under subparagraph (b)2., up to $3
417 million.
418 2. If the total project cost is at least $100 million but
419 less than $200 million, the applicant may receive annual
420 distributions equal to the new incremental state sales taxes
421 generated by sales at the facility during 12 months as provided
422 under subparagraph (b)2., up to $2 million.
423 3. If the total project cost is less than $100 million, the
424 applicant may receive annual distributions equal to the new
425 incremental state sales taxes generated by sales at the facility
426 during 12 months as provided under subparagraph (b)2., up to $1
427 million.
428 (b) At the time of initial evaluation and review by the
429 department pursuant to subsection (5), the applicant must
430 provide an analysis by an independent certified public
431 accountant which demonstrates:
432 1. The amount of state sales taxes generated by sales at
433 the facility during the 12-month period immediately before the
434 beginning of the application period. This amount is the
435 baseline.
436 2. The expected amount of new incremental state sales taxes
437 generated by sales at the facility above the baseline which will
438 be generated as a result of the project.
439 (c) The independent analysis provided in paragraph (b)
440 shall be verified by the department.
441 (d) The Department of Revenue shall begin distributions
442 within 45 days after notification of initial certification from
443 the department.
444 (e) The department shall consult with the Department of
445 Revenue and the Office of Economic and Demographic Research to
446 develop a standard calculation for estimating new incremental
447 state sales taxes generated by sales at the facility and
448 adjustments to distributions.
449 (f) In any 12-month period when total distributions for all
450 certified applicants reach $13 million, the department may not
451 certify new distributions for additional applicants.
452 (7) CONTRACT.—An applicant approved by the Legislature and
453 certified by the department must enter into a contract with the
454 department which:
455 (a) Specifies the terms of the state’s investment.
456 (b) States the criteria that the certified applicant must
457 meet in order to remain certified.
458 (c) Requires the applicant to submit the independent
459 analysis required under subsection (6) and an annual independent
460 analysis.
461 1. The applicant must agree to submit to the department,
462 beginning 12 months after completion of a project or 12 months
463 after the first four annual distributions, whichever is earlier,
464 an annual analysis by an independent certified public accountant
465 demonstrating the actual amount of new incremental state sales
466 taxes generated by sales at the facility during the previous 12
467 month period. The applicant shall certify to the department a
468 comparison of the actual amount of state sales taxes generated
469 by sales at the facility during the previous 12-month period to
470 the baseline under subparagraph (6)(b)1.
471 2. The applicant must submit the certification within 60
472 days after the end of the previous 12-month period. The
473 department shall verify the analysis.
474 (d) Specifies information that the certified applicant must
475 report to the department.
476 (e) Requires the applicant to reimburse the state for the
477 amount each year that the actual new incremental state sales
478 taxes generated by sales at the facility during the most recent
479 12-month period was less than the annual distribution under
480 paragraph (6)(a). This requirement applies 12 months after
481 completion of a project or 12 months after the first four annual
482 distributions, whichever is earlier.
483 1. If the applicant is unable or unwilling to reimburse the
484 state in any year for the amount equal to the difference between
485 the actual new incremental state sales taxes generated by sales
486 at the facility and the annual distribution under paragraph
487 (6)(a), the department may place a lien on the applicant’s
488 facility.
489 2. If the applicant is a municipality or county, it may
490 reimburse the state from its half-cent sales tax allocation, as
491 provided in s. 218.64(3).
492 3. Reimbursements must be sent to the Department of Revenue
493 for deposit into the General Revenue Fund.
494 (f) Includes any provisions deemed prudent by the
495 department.
496 (8) USE OF FUNDS.—An applicant certified under this section
497 may use state funds only for the following purposes:
498 (a) Constructing, reconstructing, renovating, or improving
499 a facility or reimbursing such costs.
500 (b) Paying or pledging for the payment of debt service on
501 bonds issued for the construction or renovation of such
502 facility.
503 (c) Funding debt service reserve funds, arbitrage rebate
504 obligations, or other amounts payable with respect thereto on
505 bonds issued for the construction or renovation of such
506 facility.
507 (d) Reimbursing the costs under paragraphs (b) and (c) or
508 the refinancing of bonds issued for the construction or
509 renovation of such facility.
510 (9) REPORTS.—
511 (a) On or before November 1 of each year, an applicant
512 certified under this section and approved to receive state funds
513 must submit to the department any information required by the
514 department. The department shall summarize this information for
515 inclusion in its annual report to the Legislature under
516 paragraph (4)(d).
517 (b) Every 5 years after an applicant receives its first
518 monthly distribution, the department must verify that the
519 applicant is meeting the program requirements. If the applicant
520 fails to meet these requirements, the department shall notify
521 the Governor and the Legislature in its next annual report under
522 paragraph (4)(d) that the requirements are not being met and
523 recommend future action. The department shall take into
524 consideration extenuating circumstances that may have prevented
525 the applicant from meeting the program requirements, such as
526 force majeure events or a significant economic downturn.
527 (10) AUDITS.—The Auditor General may conduct audits
528 pursuant to s. 11.45 to verify the independent analysis required
529 under paragraphs (6)(b) and (7)(c) and to verify that the
530 distributions are expended as required. The Auditor General
531 shall report the findings to the department. If the Auditor
532 General determines that the distribution payments are not
533 expended as required, the Auditor General must notify the
534 Department of Revenue, which may pursue recovery of
535 distributions under the laws and rules that govern the
536 assessment of taxes.
537 (11) REPAYMENT OF DISTRIBUTIONS.—An applicant that is
538 certified under this section may be subject to repayment of
539 distributions upon the occurrence of any of the following:
540 (a) An applicant’s beneficiary has broken the terms of its
541 agreement with the applicant and relocated from the facility.
542 The beneficiary must reimburse the state for state funds that
543 have been distributed and will be distributed if the beneficiary
544 relocates before the agreement expires.
545 (b) A determination by the department that an applicant has
546 submitted information or made a representation that is
547 determined to be false, misleading, deceptive, or otherwise
548 untrue. The applicant must reimburse the state for state funds
549 that have been distributed and will be distributed if such
550 determination is made.
551 (12) HALTING OF PAYMENTS.—The applicant may request in
552 writing at least 20 days before the next monthly distribution
553 that the department halt future payments. The department shall
554 immediately notify the Department of Revenue to halt future
555 payments.
556 (13) RULEMAKING.—The department may adopt rules to
557 implement this section.
558 Section 5. Paragraph (a) of subsection (2) of section
559 288.11631, Florida Statutes, is amended to read:
560 288.11631 Retention of Major League Baseball spring
561 training baseball franchises.—
562 (2) CERTIFICATION PROCESS.—
563 (a) Before certifying an applicant to receive state funding
564 for a facility for a spring training franchise, the department
565 must verify that:
566 1. The applicant is responsible for the construction or
567 renovation of the facility for a spring training franchise or
568 holds title to the property on which the facility for a spring
569 training franchise is located.
570 2. The applicant has a certified copy of a signed agreement
571 with a spring training franchise. The signed agreement with a
572 spring training franchise for the use of a facility must, at a
573 minimum, be equal to the length of the term of the bonds issued
574 for the public purpose of constructing or renovating a facility
575 for a spring training franchise. If no such bonds are issued for
576 the public purpose of constructing or renovating a facility for
577 a spring training franchise, the signed agreement with a spring
578 training franchise for the use of a facility must be for at
579 least 20 years. Any such agreement with a spring training
580 franchise for the use of a facility cannot be signed more than 4
581 years before the expiration of any existing agreement with a
582 spring training franchise for the use of a facility. However,
583 any such agreement may be signed at any time before the
584 expiration of any existing agreement with a spring training
585 franchise for use of a facility if the applicant has never
586 received state funding for the facility as a spring training
587 facility under this section or s. 288.11621 and the facility was
588 constructed before January 1, 2000. The agreement must also
589 require the franchise to reimburse the state for state funds
590 expended by an applicant under this section if the franchise
591 relocates before the agreement expires. The agreement may be
592 contingent on an award of funds under this section and other
593 conditions precedent.
594 3. The applicant has made a financial commitment to provide
595 50 percent or more of the funds required by an agreement for the
596 construction or renovation of the facility for a spring training
597 franchise. The commitment may be contingent upon an award of
598 funds under this section and other conditions precedent.
599 4. The applicant demonstrates that the facility for a
600 spring training franchise will attract a paid attendance of at
601 least 50,000 persons annually to the spring training games.
602 5. The facility for a spring training franchise is located
603 in a county that levies a tourist development tax under s.
604 125.0104.
605 Section 6. (1) The executive director of the Department of
606 Economic Opportunity is authorized, and all conditions are
607 deemed met, to adopt emergency rules pursuant to ss. 120.536(1)
608 and 120.54(4), Florida Statutes, for the purpose of implementing
609 this act.
610 (2) Notwithstanding any provision of law, such emergency
611 rules shall remain in effect for 6 months after the date adopted
612 and may be renewed during the pendency of procedures to adopt
613 permanent rules addressing the subject of the emergency rules.
614 Section 7. This act shall take effect July 1, 2014.