CODING: Words stricken are deletions; words underlined are additions.House Bill 0943
    Florida House of Representatives - 1997                 HB 943
        By Representative Dawson-White
  1                      A bill to be entitled
  2         An act relating to spring training franchises;
  3         amending s. 288.1162, F.S.; defining "retained
  4         spring training franchise"; providing for
  5         certification of a retained spring training
  6         franchise facility by the Office of Tourism,
  7         Trade, and Economic Development, upon
  8         determination that certain requirements have
  9         been met; providing the uses that such facility
10         may make of funds provided pursuant to s.
11         212.20, F.S.; amending s. 212.20, F.S.;
12         providing for a monthly distribution of a
13         portion of the revenues of the tax on sales,
14         use, and other transactions to a certified
15         facility for a specified period; providing an
16         effective date.
17
18  Be It Enacted by the Legislature of the State of Florida:
19
20         Section 1.  Section 288.1162, Florida Statutes, 1996
21  Supplement, is amended to read:
22         288.1162  Professional sports franchises; spring
23  training franchises; duties.--
24         (1)  The Office of Tourism, Trade, and Economic
25  Development shall serve as the state agency for screening
26  applicants for state funding pursuant to s. 212.20 and for
27  certifying an applicant as a "facility for a new professional
28  sports franchise," a "facility for a retained professional
29  sports franchise," or a "new spring training franchise
30  facility,." or a "retained spring training franchise
31  facility."
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    Florida House of Representatives - 1997                 HB 943
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  1         (2)  The Office of Tourism, Trade, and Economic
  2  Development shall develop rules for the receipt and processing
  3  of applications for funding pursuant to s. 212.20.
  4         (3)  As used in this section:
  5         (a)  "New professional sports franchise" means a
  6  professional sports franchise that is not based in this state
  7  prior to April 1, 1987.
  8         (b)  "Retained professional sports franchise" means a
  9  professional sports franchise that has had a league-authorized
10  location in this state on or before December 31, 1976, and has
11  continuously remained at that location, and has never been
12  located at a facility that has been previously certified under
13  any provision of this section.
14         (4)  Prior to certifying an applicant as a "facility
15  for a new professional sports franchise" or a "facility for a
16  retained professional sports franchise," the Office of
17  Tourism, Trade, and Economic Development must determine that:
18         (a)  A "unit of local government" as defined in s.
19  218.369 is responsible for the construction, management, or
20  operation of the professional sports franchise facility or
21  holds title to the property on which the professional sports
22  franchise facility is located.
23         (b)  The applicant has a verified copy of a signed
24  agreement with a new professional sports franchise for the use
25  of the facility for a term of at least 10 years, or in the
26  case of a retained professional sports franchise, an agreement
27  for use of the facility for a term of at least 20 years.
28         (c)  The applicant has a verified copy of the approval
29  from the governing authority of the league in which the new
30  professional sports franchise exists authorizing the location
31  of the professional sports franchise in this state after April
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  1  1, 1987, or in the case of a retained professional sports
  2  franchise, verified evidence that it has had a
  3  league-authorized location in this state on or before December
  4  31, 1976. The term "league" means the National League or the
  5  American League of Major League Baseball, the National
  6  Basketball Association, the National Football League, or the
  7  National Hockey League.
  8         (d)  The applicant has projections, verified by the
  9  Office of Tourism, Trade, and Economic Development, which
10  demonstrate that the new or retained professional sports
11  franchise will attract a paid attendance of more than 300,000
12  annually.
13         (e)  The applicant has an independent analysis or
14  study, verified by the Office of Tourism, Trade, and Economic
15  Development, which demonstrates that the amount of the
16  revenues generated by the taxes imposed under part I of
17  chapter 212 with respect to the use and operation of the
18  professional sports franchise facility will equal or exceed $2
19  million annually.
20         (f)  The municipality in which the facility for a new
21  or retained professional sports franchise is located, or the
22  county if the facility for a new or retained professional
23  sports franchise is located in an unincorporated area, has
24  certified by resolution after a public hearing that the
25  application serves a public purpose.
26         (g)  The applicant has demonstrated that it has
27  provided, is capable of providing, or has financial or other
28  commitments to provide more than one-half of the costs
29  incurred or related to the improvement and development of the
30  facility.
31
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  1         (h)  No applicant previously certified under any
  2  provision of this section who has received funding under such
  3  certification shall be eligible for an additional
  4  certification.
  5         (5)  As used in this section:,
  6         (a) "New spring training franchise" means a spring
  7  training franchise that is not based in this state prior to
  8  July 1, 1990.
  9         (b)  "Retained spring training franchise" means a
10  spring training franchise that located in this state in 1955,
11  that replaced a spring training franchise which had been
12  located continuously at the same publicly owned stadium for 33
13  years, and that does not play its regular major league
14  baseball season games in the same city in which it trains.
15         (6)  Prior to certifying an applicant as a "new spring
16  training franchise facility," the Office of Tourism, Trade,
17  and Economic Development must determine that:
18         (a)  A "unit of local government" as defined in s.
19  218.369 is responsible for the construction, management, or
20  operation of the new spring training franchise facility or
21  holds title to the property on which the new spring training
22  franchise facility is located.
23         (b)  The applicant has a verified copy of a signed
24  agreement with a new spring training franchise for the use of
25  the facility for a term of at least 15 years.
26         (c)  The applicant has a financial commitment to
27  provide 50 percent or more of the funds required by an
28  agreement for the use of the facility by the new spring
29  training franchise.
30
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  1         (d)  The proposed facility for the new spring training
  2  franchise is located within 20 miles of an interstate or other
  3  limited-access highway system.
  4         (e)  The applicant has projections, verified by the
  5  Office of Tourism, Trade, and Economic Development, which
  6  demonstrate that the new spring training franchise facility
  7  will attract a paid attendance of at least 50,000 annually.
  8         (f)  The new spring training franchise facility is
  9  located in a county that is levying a tourist development tax
10  pursuant to s. 125.0104(3)(b), (c), (d), and (l), at the rate
11  of 4 percent by March 1, 1992, and, 87.5 percent of the
12  proceeds from such tax are dedicated for the construction of a
13  spring training complex.
14         (7)(a)  Prior to certifying an applicant as a "retained
15  spring training franchise facility," the Office of Tourism,
16  Trade, and Economic Development must determine that:
17         1.  A unit of local government, as defined in s.
18  218.369, is responsible for the construction, management, or
19  operation of the retained spring training franchise facility
20  or holds title to the property on which the retained spring
21  training franchise facility is located.
22         2.  The retained spring training franchise will conduct
23  additional training activities at a different site within the
24  county in which the retained spring training franchise
25  facility is located.
26         3.  The applicant has projections, verified by the
27  Office of Tourism, Trade, and Economic Development, which
28  demonstrate that the amount of the revenues generated by the
29  taxes imposed under chapter 212 with respect to the use and
30  operation of the retained spring training franchise facility
31  will equal or exceed $1.4 million annually.
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  1         4.  The retained spring training franchise will sign a
  2  lease agreement for a period of no less than 15 years with the
  3  applicant at the completion of its existing short-term
  4  agreement.
  5         (b)  The Office of Tourism, Trade, and Economic
  6  Development shall consider the value of the land and the
  7  existing stadium towards any required contribution by the
  8  applicant for costs incurred or related to the improvement and
  9  development of the facility.
10         (8)(7)  An applicant certified as a facility for a new
11  professional sports franchise or a facility for a retained
12  professional sports franchise or as a new spring training
13  franchise facility or a retained spring training franchise
14  facility may use funds provided pursuant to s. 212.20 only for
15  the public purpose of paying for the construction,
16  reconstruction, or renovation of a facility for a new
17  professional sports franchise, a facility for a retained
18  professional sports franchise, or a new spring training
19  franchise facility, or a retained spring training franchise
20  facility or to pay or pledge for the payment of debt service
21  on, or to fund debt service reserve funds, arbitrage rebate
22  obligations, or other amounts payable with respect to, bonds
23  issued for the construction, reconstruction, or renovation of
24  such facility or for the reimbursement of such costs or the
25  refinancing of bonds issued for such purposes.
26         (9)(8)  The Office of Tourism, Trade, and Economic
27  Development shall notify the Department of Revenue of any
28  facility certified as a facility for a new professional sports
29  franchise or a facility for a retained professional sports
30  franchise or as a new spring training franchise facility or a
31  retained spring training franchise facility.  The Office of
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  1  Tourism, Trade, and Economic Development may certify no more
  2  than nine eight facilities as facilities for a new
  3  professional sports franchise, as facilities for a retained
  4  professional sports franchise, or as new spring training
  5  franchise facilities, or as retained spring training franchise
  6  facilities, including in such total any facilities certified
  7  by the Department of Commerce before July 1, 1996. The office
  8  may make no more than one certification for any facility, and
  9  shall make no more than one certification for a retained
10  spring training franchise facility.
11         (10)(9)  The Department of Revenue may audit as
12  provided in s. 213.34 to verify that the distributions
13  pursuant to this section have been expended as required in
14  this section. Such information is subject to the
15  confidentiality requirements of chapter 213. If the Department
16  of Revenue determines that the distributions pursuant to this
17  section have not been expended as required by this section, it
18  may pursue recovery of such funds pursuant to the laws and
19  rules governing the assessment of taxes.
20         (11)(10)  An applicant shall not be qualified for
21  certification under this section if the franchise formed the
22  basis for a previous certification, unless the previous
23  certification was withdrawn by the facility or invalidated by
24  the Office of Tourism, Trade, and Economic Development or the
25  Department of Commerce before any funds were distributed
26  pursuant to s. 212.20. This subsection does not disqualify an
27  applicant if the previous certification occurred between May
28  23, 1993, and May 25, 1993; however, any funds to be
29  distributed pursuant to s. 212.20 for the second certification
30  shall be offset by the amount distributed to the previous
31  certified facility. Distribution of funds for the second
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  1  certification shall not be made until all amounts payable for
  2  the first certification have been distributed.
  3         Section 2.  Paragraph (f) of subsection (6) of section
  4  212.20, Florida Statutes, 1996 Supplement, is amended to read:
  5         212.20  Funds collected, disposition; additional powers
  6  of department; operational expense; refund of taxes
  7  adjudicated unconstitutionally collected.--
  8         (6)  Distribution of all proceeds under this part shall
  9  be as follows:
10         (f)  The proceeds of all other taxes and fees imposed
11  pursuant to this part shall be distributed as follows:
12         1.  In any fiscal year, the greater of $500 million,
13  minus an amount equal to 4.6 percent of the proceeds of the
14  taxes collected pursuant to chapter 201, or 5 percent of all
15  other taxes and fees imposed pursuant to this part shall be
16  deposited in monthly installments into the General Revenue
17  Fund.
18         2.  Two-tenths of one percent shall be transferred to
19  the Solid Waste Management Trust Fund.
20         3.  After the distribution under subparagraphs 1. and
21  2., 9.653 percent of the amount remitted by a sales tax dealer
22  located within a participating county pursuant to s. 218.61
23  shall be transferred into the Local Government Half-cent Sales
24  Tax Clearing Trust Fund.
25         4.  After the distribution under subparagraphs 1., 2.,
26  and 3., 0.054 percent shall be transferred to the Local
27  Government Half-cent Sales Tax Clearing Trust Fund and
28  distributed pursuant to s. 218.65.
29         5.  Of the remaining proceeds:
30         a.  Beginning July 1, 1992, $166,667 shall be
31  distributed monthly by the department to each applicant that
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  1  has been certified as a "facility for a new professional
  2  sports franchise" or a "facility for a retained professional
  3  sports franchise" pursuant to s. 288.1162, $116,667 shall be
  4  distributed monthly by the department to each applicant that
  5  has been certified as a "facility for a retained spring
  6  training franchise" pursuant to s. 288.1162, and $41,667 shall
  7  be distributed monthly by the department to each applicant
  8  that has been certified as a "new spring training franchise
  9  facility" pursuant to s. 288.1162. Distributions shall begin
10  60 days following such certification and shall continue for 30
11  years. Nothing contained herein shall be construed to allow an
12  applicant certified pursuant to s. 288.1162 to receive more in
13  distributions than actually expended by the applicant for the
14  public purposes provided for in s. 288.1162(8)(7). However, a
15  certified applicant shall receive distributions up to the
16  maximum amount allowable and undistributed under this section
17  for additional renovations and improvements to the facility
18  for the franchise without additional certification.
19         b.  Beginning 30 days after notice by the Office of
20  Tourism, Trade, and Economic Development to the Department of
21  Revenue that an applicant has been certified as the
22  professional golf hall of fame pursuant to s. 288.1168 and is
23  open to the public, $166,667 shall be distributed monthly, for
24  up to 300 months, to the applicant.
25         c.  Beginning 30 days after notice by the Department of
26  Commerce to the Department of Revenue that the applicant has
27  been certified as the International Game Fish Association
28  World Center facility pursuant to s. 288.1169, and the
29  facility is open to the public, $83,333 shall be distributed
30  monthly, for up to 180 months, to the applicant.  This
31  distribution is subject to reduction pursuant to s. 288.1169.
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  1         6.  All other proceeds shall remain with the General
  2  Revenue Fund.
  3         Section 3.  This act shall take effect July 1, 1997.
  4
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  6                          HOUSE SUMMARY
  7
      Defines "retained spring training franchise" and provides
  8    for certification of a retained spring training franchise
      facility by the Office of Tourism, Trade, and Economic
  9    Development, upon determination that certain requirements
      have been met.  Provides for a monthly distribution of a
10    portion of the revenues of the tax on sales, use, and
      other transactions to a certified facility for 30 years
11    and specifies the uses that such facility may make of
      those funds.
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