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House Bill 0943c1

Florida House of Representatives - 1997 CS/HB 943 By the Committee on Tourism and Representative Dawson-White 1 A bill to be entitled 2 An act relating to professional sports 3 franchises; amending s. 288.1162, F.S.; 4 revising the definition of "league" for 5 purposes of qualifying as a facility for a new 6 professional sports franchise or a facility for 7 a retained professional sports franchise; 8 defining "retained spring training franchise"; 9 providing for certification of a retained 10 spring training franchise facility by the 11 Office of Tourism, Trade, and Economic 12 Development, upon determination that certain 13 requirements have been met; providing the uses 14 that such facility may make of funds provided 15 pursuant to s. 212.20, F.S.; increasing the 16 number of facilities that may be certified 17 under said section; providing for the creation 18 and maintenance of amateur sports fields by 19 certified applicants; providing that an 20 applicant certified as a retained spring 21 training franchise facility is required to have 22 a contract with the Department of Labor and 23 Employment Security for the hiring of WAGES 24 participants; providing contract requirements; 25 providing for an annual report on the extent of 26 WAGES hiring by the applicant; amending s. 27 212.20, F.S.; providing for a monthly 28 distribution of a portion of the revenues of 29 the tax on sales, use, and other transactions 30 to a certified retained spring training 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 943 177-231-97 1 franchise facility for a specified period; 2 providing an effective date. 3 4 Be It Enacted by the Legislature of the State of Florida: 5 6 Section 1. Section 288.1162, Florida Statutes, 1996 7 Supplement, is amended to read: 8 288.1162 Professional sports franchises; spring 9 training franchises; duties.-- 10 (1) The Office of Tourism, Trade, and Economic 11 Development shall serve as the state agency for screening 12 applicants for state funding pursuant to s. 212.20 and for 13 certifying an applicant as a "facility for a new professional 14 sports franchise," a "facility for a retained professional 15 sports franchise," or a "new spring training franchise 16 facility,." or a "retained spring training franchise 17 facility." 18 (2) The Office of Tourism, Trade, and Economic 19 Development shall develop rules for the receipt and processing 20 of applications for funding pursuant to s. 212.20. 21 (3) As used in this section: 22 (a) "New professional sports franchise" means a 23 professional sports franchise that is not based in this state 24 prior to April 1, 1987. 25 (b) "Retained professional sports franchise" means a 26 professional sports franchise that has had a league-authorized 27 location in this state on or before December 31, 1976, and has 28 continuously remained at that location, and has never been 29 located at a facility that has been previously certified under 30 any provision of this section. 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 943 177-231-97 1 (4) Prior to certifying an applicant as a "facility 2 for a new professional sports franchise" or a "facility for a 3 retained professional sports franchise," the Office of 4 Tourism, Trade, and Economic Development must determine that: 5 (a) A "unit of local government" as defined in s. 6 218.369 is responsible for the construction, management, or 7 operation of the professional sports franchise facility or 8 holds title to the property on which the professional sports 9 franchise facility is located. 10 (b) The applicant has a verified copy of a signed 11 agreement with a new professional sports franchise for the use 12 of the facility for a term of at least 10 years, or in the 13 case of a retained professional sports franchise, an agreement 14 for use of the facility for a term of at least 20 years. 15 (c) The applicant has a verified copy of the approval 16 from the governing authority of the league in which the new 17 professional sports franchise exists authorizing the location 18 of the professional sports franchise in this state after April 19 1, 1987, or in the case of a retained professional sports 20 franchise, verified evidence that it has had a 21 league-authorized location in this state on or before December 22 31, 1976. The term "league" means the National League or the 23 American League of Major League Baseball, the National 24 Basketball Association, the National Football League, the 25 Major League Soccer, or the National Hockey League. 26 (d) The applicant has projections, verified by the 27 Office of Tourism, Trade, and Economic Development, which 28 demonstrate that the new or retained professional sports 29 franchise will attract a paid attendance of more than 300,000 30 annually. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 943 177-231-97 1 (e) The applicant has an independent analysis or 2 study, verified by the Office of Tourism, Trade, and Economic 3 Development, which demonstrates that the amount of the 4 revenues generated by the taxes imposed under part I of 5 chapter 212 with respect to the use and operation of the 6 professional sports franchise facility will equal or exceed $2 7 million annually. 8 (f) The municipality in which the facility for a new 9 or retained professional sports franchise is located, or the 10 county if the facility for a new or retained professional 11 sports franchise is located in an unincorporated area, has 12 certified by resolution after a public hearing that the 13 application serves a public purpose. 14 (g) The applicant has demonstrated that it has 15 provided, is capable of providing, or has financial or other 16 commitments to provide more than one-half of the costs 17 incurred or related to the improvement and development of the 18 facility. 19 (h) No applicant previously certified under any 20 provision of this section who has received funding under such 21 certification shall be eligible for an additional 22 certification. 23 (5) As used in this section:, 24 (a) "New spring training franchise" means a spring 25 training franchise that is not based in this state prior to 26 July 1, 1990. 27 (b) "Retained spring training franchise" means a 28 spring training franchise that located in this state in 1955, 29 that replaced a spring training franchise which had been 30 located continuously at the same publicly owned stadium for 33 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 943 177-231-97 1 years, and that does not play its regular major league 2 baseball season games in the same city in which it trains. 3 (6) Prior to certifying an applicant as a "new spring 4 training franchise facility," the Office of Tourism, Trade, 5 and Economic Development must determine that: 6 (a) A "unit of local government" as defined in s. 7 218.369 is responsible for the construction, management, or 8 operation of the new spring training franchise facility or 9 holds title to the property on which the new spring training 10 franchise facility is located. 11 (b) The applicant has a verified copy of a signed 12 agreement with a new spring training franchise for the use of 13 the facility for a term of at least 15 years. 14 (c) The applicant has a financial commitment to 15 provide 50 percent or more of the funds required by an 16 agreement for the use of the facility by the new spring 17 training franchise. 18 (d) The proposed facility for the new spring training 19 franchise is located within 20 miles of an interstate or other 20 limited-access highway system. 21 (e) The applicant has projections, verified by the 22 Office of Tourism, Trade, and Economic Development, which 23 demonstrate that the new spring training franchise facility 24 will attract a paid attendance of at least 50,000 annually. 25 (f) The new spring training franchise facility is 26 located in a county that is levying a tourist development tax 27 pursuant to s. 125.0104(3)(b), (c), (d), and (l), at the rate 28 of 4 percent by March 1, 1992, and, 87.5 percent of the 29 proceeds from such tax are dedicated for the construction of a 30 spring training complex. 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 943 177-231-97 1 (7)(a) Prior to certifying an applicant as a "retained 2 spring training franchise facility," the Office of Tourism, 3 Trade, and Economic Development must determine that: 4 1. A unit of local government, as defined in s. 5 218.369, is responsible for the construction, management, or 6 operation of the retained spring training franchise facility 7 or holds title to the property on which the retained spring 8 training franchise facility is located. 9 2. The retained spring training franchise will conduct 10 additional training activities at a different site within the 11 county in which the retained spring training franchise 12 facility is located. 13 3. The applicant has projections, verified by the 14 Office of Tourism, Trade, and Economic Development, which 15 demonstrate that the amount of the revenues generated by the 16 taxes imposed under chapter 212 with respect to the use and 17 operation of the retained spring training franchise facility 18 will equal or exceed $1.2 million annually. 19 4. The retained spring training franchise will sign a 20 lease agreement for a period of no less than 15 years with the 21 applicant at the completion of its existing short-term 22 agreement. 23 (b) The Office of Tourism, Trade, and Economic 24 Development shall consider the value of the land and the 25 existing stadium towards any required contribution by the 26 applicant for costs incurred or related to the improvement and 27 development of the facility. 28 (8)(7) An applicant certified as a facility for a new 29 professional sports franchise or a facility for a retained 30 professional sports franchise or as a new spring training 31 franchise facility or a retained spring training franchise 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 943 177-231-97 1 facility may use funds provided pursuant to s. 212.20 only for 2 the public purpose of paying for the construction, 3 reconstruction, or renovation of a facility for a new 4 professional sports franchise, a facility for a retained 5 professional sports franchise, or a new spring training 6 franchise facility, or a retained spring training franchise 7 facility or to pay or pledge for the payment of debt service 8 on, or to fund debt service reserve funds, arbitrage rebate 9 obligations, or other amounts payable with respect to, bonds 10 issued for the construction, reconstruction, or renovation of 11 such facility or for the reimbursement of such costs or the 12 refinancing of bonds issued for such purposes. 13 (9)(8) The Office of Tourism, Trade, and Economic 14 Development shall notify the Department of Revenue of any 15 facility certified as a facility for a new professional sports 16 franchise or a facility for a retained professional sports 17 franchise or as a new spring training franchise facility or a 18 retained spring training franchise facility. The Office of 19 Tourism, Trade, and Economic Development may certify no more 20 than 10 eight facilities as facilities for a new professional 21 sports franchise, as facilities for a retained professional 22 sports franchise, or as new spring training franchise 23 facilities, or as retained spring training franchise 24 facilities, including in such total any facilities certified 25 by the Department of Commerce before July 1, 1996. The office 26 may make no more than one certification for any facility, and 27 shall make no more than one certification for a retained 28 spring training franchise facility. 29 (10)(9) The Department of Revenue may audit as 30 provided in s. 213.34 to verify that the distributions 31 pursuant to this section have been expended as required in 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 943 177-231-97 1 this section. Such information is subject to the 2 confidentiality requirements of chapter 213. If the Department 3 of Revenue determines that the distributions pursuant to this 4 section have not been expended as required by this section, it 5 may pursue recovery of such funds pursuant to the laws and 6 rules governing the assessment of taxes. 7 (11)(10) An applicant shall not be qualified for 8 certification under this section if the franchise formed the 9 basis for a previous certification, unless the previous 10 certification was withdrawn by the facility or invalidated by 11 the Office of Tourism, Trade, and Economic Development or the 12 Department of Commerce before any funds were distributed 13 pursuant to s. 212.20. This subsection does not disqualify an 14 applicant if the previous certification occurred between May 15 23, 1993, and May 25, 1993; however, any funds to be 16 distributed pursuant to s. 212.20 for the second certification 17 shall be offset by the amount distributed to the previous 18 certified facility. Distribution of funds for the second 19 certification shall not be made until all amounts payable for 20 the first certification have been distributed. 21 (12) An applicant certified by this section after July 22 1, 1997, shall fund the creation and maintenance of fields for 23 amateur sports activities as recommended by the county in 24 which the applicant's certified facility is located. These 25 amateur sports fields shall include, but not be limited to, 26 those used for soccer, baseball, softball, basketball, or 27 football. These fields shall be open to the public without 28 charge and may be publicly owned and operated. 29 (13) The Office of Tourism, Trade, and Economic 30 Development shall, in addition to any other requirements of 31 this section, determine that an applicant which has been 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 943 177-231-97 1 certified under this section as a retained spring training 2 franchise facility has entered into a contract with the 3 Department of Labor and Employment Security in which the 4 applicant agrees to register with the Work and Gain Economic 5 Self-Sufficiency (WAGES) Program Business Registry established 6 by the local WAGES coalition for the area in which the 7 applicant is located. Such contract shall further provide 8 that the applicant shall hire WAGES program participants to 9 the maximum extent possible and shall provide for appropriate 10 monitoring and training of such employees. The applicant 11 shall agree to employ a specified number of WAGES participants 12 in each year that it receives a distribution under s. 212.20. 13 The number of WAGES participants to be employed by the 14 applicant shall be based upon the applicant's good faith 15 efforts, workforce availability, suitable jobs, and in keeping 16 with the facility's minimum standards of employment as 17 provided in the contract with the department. The applicant 18 may renegotiate the contract and employ fewer program 19 participants if the applicant demonstrates to the satisfaction 20 of the department that due to economic conditions or the 21 nature of its business in a given year the requirement to hire 22 the specified number of employees is unattainable. Each 23 applicant subject to the requirements of this subsection shall 24 report to the Governor, the Speaker of the House of 25 Representatives, and the President of the Senate by December 26 31 of each year in which the applicant receives a distribution 27 under s. 212.20 on the extent to which its employees are WAGES 28 participants. 29 Section 2. Paragraph (f) of subsection (6) of section 30 212.20, Florida Statutes, 1996 Supplement, is amended to read: 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 943 177-231-97 1 212.20 Funds collected, disposition; additional powers 2 of department; operational expense; refund of taxes 3 adjudicated unconstitutionally collected.-- 4 (6) Distribution of all proceeds under this part shall 5 be as follows: 6 (f) The proceeds of all other taxes and fees imposed 7 pursuant to this part shall be distributed as follows: 8 1. In any fiscal year, the greater of $500 million, 9 minus an amount equal to 4.6 percent of the proceeds of the 10 taxes collected pursuant to chapter 201, or 5 percent of all 11 other taxes and fees imposed pursuant to this part shall be 12 deposited in monthly installments into the General Revenue 13 Fund. 14 2. Two-tenths of one percent shall be transferred to 15 the Solid Waste Management Trust Fund. 16 3. After the distribution under subparagraphs 1. and 17 2., 9.653 percent of the amount remitted by a sales tax dealer 18 located within a participating county pursuant to s. 218.61 19 shall be transferred into the Local Government Half-cent Sales 20 Tax Clearing Trust Fund. 21 4. After the distribution under subparagraphs 1., 2., 22 and 3., 0.054 percent shall be transferred to the Local 23 Government Half-cent Sales Tax Clearing Trust Fund and 24 distributed pursuant to s. 218.65. 25 5. Of the remaining proceeds: 26 a. Beginning July 1, 1992, $166,667 shall be 27 distributed monthly by the department to each applicant that 28 has been certified as a "facility for a new professional 29 sports franchise" or a "facility for a retained professional 30 sports franchise" pursuant to s. 288.1162, $102,202 shall be 31 distributed monthly by the department to each applicant that 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 943 177-231-97 1 has been certified as a "facility for a retained spring 2 training franchise" pursuant to s. 288.1162, and $41,667 shall 3 be distributed monthly by the department to each applicant 4 that has been certified as a "new spring training franchise 5 facility" pursuant to s. 288.1162. Distributions shall begin 6 60 days following such certification and shall continue for 30 7 years. Nothing contained herein shall be construed to allow an 8 applicant certified pursuant to s. 288.1162 to receive more in 9 distributions than actually expended by the applicant for the 10 public purposes provided for in s. 288.1162(8)(7). However, a 11 certified applicant shall receive distributions up to the 12 maximum amount allowable and undistributed under this section 13 for additional renovations and improvements to the facility 14 for the franchise without additional certification. 15 b. Beginning 30 days after notice by the Office of 16 Tourism, Trade, and Economic Development to the Department of 17 Revenue that an applicant has been certified as the 18 professional golf hall of fame pursuant to s. 288.1168 and is 19 open to the public, $166,667 shall be distributed monthly, for 20 up to 300 months, to the applicant. 21 c. Beginning 30 days after notice by the Department of 22 Commerce to the Department of Revenue that the applicant has 23 been certified as the International Game Fish Association 24 World Center facility pursuant to s. 288.1169, and the 25 facility is open to the public, $83,333 shall be distributed 26 monthly, for up to 180 months, to the applicant. This 27 distribution is subject to reduction pursuant to s. 288.1169. 28 6. All other proceeds shall remain with the General 29 Revenue Fund. 30 Section 3. This act shall take effect July 1, 1997. 31 11