CODING: Words stricken are deletions; words underlined are additions.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