Senate Bill 1708c1

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    Florida Senate - 2000                           CS for SB 1708

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senators Latvala, Laurent, Myers, Kurth, Sullivan
    and Carlton



    316-1776-00

  1                      A bill to be entitled

  2         An act relating to spring training facilities;

  3         amending s. 212.20, F.S.; providing for the

  4         distribution of specified sales tax proceeds

  5         for professional sports facilities; amending s.

  6         288.1162, F.S.; redefining the term "new spring

  7         training franchise"; directing the Department

  8         of Tourism, Trade, and Economic Development to

  9         provide funding for a limited number of

10         facilities for retained spring training

11         franchises; providing criteria for setting

12         priorities; providing an effective date.

13

14         WHEREAS, Major League Baseball Spring Training has been

15  a part of Florida's history since the early 1900's with teams

16  such as the 1999 World Champion New York Yankees training in

17  this state continuously since 1919, and

18         WHEREAS, each year over 1.5 million fans enjoy Major

19  League Baseball Spring Training games at the 19 spring

20  training facilities located around the state which contributes

21  over $300 million in economic impact to our state's economy,

22  and

23         WHEREAS, Major League Baseball Spring Training is an

24  integral part of Florida's history and our economy and has a

25  rich tradition of offering affordable entertainment to

26  Florida's visitors, our children, and our seniors, NOW,

27  THEREFORE,

28

29  Be It Enacted by the Legislature of the State of Florida:

30

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    Florida Senate - 2000                           CS for SB 1708
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  1         Section 1.  Paragraph (f) of subsection (6) of section

  2  212.20, Florida Statutes, is amended to read:

  3         212.20  Funds collected, disposition; additional powers

  4  of department; operational expense; refund of taxes

  5  adjudicated unconstitutionally collected.--

  6         (6)  Distribution of all proceeds under this chapter

  7  shall be as follows:

  8         (f)  The proceeds of all other taxes and fees imposed

  9  pursuant to this chapter shall be distributed as follows:

10         1.  In any fiscal year, the greater of $500 million,

11  minus an amount equal to 4.6 percent of the proceeds of the

12  taxes collected pursuant to chapter 201, or 5 percent of all

13  other taxes and fees imposed pursuant to this chapter shall be

14  deposited in monthly installments into the General Revenue

15  Fund.

16         2.  Two-tenths of one percent shall be transferred to

17  the Solid Waste Management Trust Fund.

18         3.  After the distribution under subparagraphs 1. and

19  2., 9.653 percent of the amount remitted by a sales tax dealer

20  located within a participating county pursuant to s. 218.61

21  shall be transferred into the Local Government Half-cent Sales

22  Tax Clearing Trust Fund.

23         4.  After the distribution under subparagraphs 1., 2.,

24  and 3., 0.054 percent shall be transferred to the Local

25  Government Half-cent Sales Tax Clearing Trust Fund and

26  distributed pursuant to s. 218.65.

27         5.  Of the remaining proceeds:

28         a.  The department shall distribute Beginning July 1,

29  1992, $166,667 shall be distributed monthly pursuant to s.

30  288.1162 by the department to each applicant that has been

31  certified as a "facility for a new professional sports

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    Florida Senate - 2000                           CS for SB 1708
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  1  franchise" or a "facility for a retained professional sports

  2  franchise" pursuant to s. 288.1162. Up to and $41,667 shall be

  3  distributed monthly by the department to each applicant that

  4  has been certified as a "facility for a retained new spring

  5  training franchise facility" pursuant to s. 288.1162; however,

  6  not more than $208,335 may be distributed monthly in the

  7  aggregate to all certified facilities for a retained spring

  8  training franchise. Distributions shall begin 60 days

  9  following such certification and shall continue for not more

10  than 30 years. Nothing contained in this paragraph herein

11  shall be construed to allow an applicant certified pursuant to

12  s. 288.1162 to receive more in distributions than actually

13  expended by the applicant for the public purposes provided for

14  in s. 288.1162(7). However, a certified applicant is entitled

15  to shall receive distributions up to the maximum amount

16  allowable and undistributed under this section for additional

17  renovations and improvements to the facility for the franchise

18  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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    Florida Senate - 2000                           CS for SB 1708
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  1         6.  All other proceeds shall remain with the General

  2  Revenue Fund.

  3         (7)  For the 1999-2000 fiscal year only, the use of

  4  funds allocated to the Solid Waste Management Trust Fund shall

  5  be as provided in the General Appropriations Act. There is

  6  transferred $15.5 million for surface water improvement and

  7  management projects and $10 million for the aquatic weed

  8  control program from revenues provided by this section.  This

  9  subsection is repealed on July 1, 2000.

10         Section 2.  Section 288.1162, Florida Statutes, is

11  amended to read:

12         288.1162  Professional sports franchises; spring

13  training franchises; duties.--

14         (1)  The Office of Tourism, Trade, and Economic

15  Development shall serve as the state agency for screening

16  applicants for state funding pursuant to s. 212.20 and for

17  certifying an applicant as a "facility for a new professional

18  sports franchise," a "facility for a retained professional

19  sports franchise," or a "facility for a retained new spring

20  training franchise facility."

21         (2)  The Office of Tourism, Trade, and Economic

22  Development shall develop rules for the receipt and processing

23  of applications for funding pursuant to s. 212.20.

24         (3)  As used in this section, the term:

25         (a)  "New professional sports franchise" means a

26  professional sports franchise that is not based in this state

27  prior to April 1, 1987.

28         (b)  "Retained professional sports franchise" means a

29  professional sports franchise that has had a league-authorized

30  location in this state on or before December 31, 1976, and has

31  continuously remained at that location, and has never been

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    Florida Senate - 2000                           CS for SB 1708
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  1  located at a facility that has been previously certified under

  2  any provision of this section.

  3         (4)  Prior to certifying an applicant as a "facility

  4  for a new professional sports franchise" or a "facility for a

  5  retained professional sports franchise," the Office of

  6  Tourism, Trade, and Economic Development must determine that:

  7         (a)  A "unit of local government" as defined in s.

  8  218.369 is responsible for the construction, management, or

  9  operation of the professional sports franchise facility or

10  holds title to the property on which the professional sports

11  franchise facility is located.

12         (b)  The applicant has a verified copy of a signed

13  agreement with a new professional sports franchise for the use

14  of the facility for a term of at least 10 years, or in the

15  case of a retained professional sports franchise, an agreement

16  for use of the facility for a term of at least 20 years.

17         (c)  The applicant has a verified copy of the approval

18  from the governing authority of the league in which the new

19  professional sports franchise exists authorizing the location

20  of the professional sports franchise in this state after April

21  1, 1987, or in the case of a retained professional sports

22  franchise, verified evidence that it has had a

23  league-authorized location in this state on or before December

24  31, 1976. The term "league" means the National League or the

25  American League of Major League Baseball, the National

26  Basketball Association, the National Football League, or the

27  National Hockey League.

28         (d)  The applicant has projections, verified by the

29  Office of Tourism, Trade, and Economic Development, which

30  demonstrate that the new or retained professional sports

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    Florida Senate - 2000                           CS for SB 1708
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  1  franchise will attract a paid attendance of more than 300,000

  2  annually.

  3         (e)  The applicant has an independent analysis or

  4  study, verified by the Office of Tourism, Trade, and Economic

  5  Development, which demonstrates that the amount of the

  6  revenues generated by the taxes imposed under chapter 212 with

  7  respect to the use and operation of the professional sports

  8  franchise facility will equal or exceed $2 million annually.

  9         (f)  The municipality in which the facility for a new

10  or retained professional sports franchise is located, or the

11  county if the facility for a new or retained professional

12  sports franchise is located in an unincorporated area, has

13  certified by resolution after a public hearing that the

14  application serves a public purpose.

15         (g)  The applicant has demonstrated that it has

16  provided, is capable of providing, or has financial or other

17  commitments to provide more than one-half of the costs

18  incurred or related to the improvement and development of the

19  facility.

20         (h)  No applicant previously certified under any

21  provision of this section who has received funding under such

22  certification shall be eligible for an additional

23  certification.

24         (5)(a)  As used in this section, the term "retained new

25  spring training franchise" means a spring training franchise

26  that has been is not based in this state prior to January 1,

27  2000 July 1, 1990.

28         (b)(6)  Prior to certifying an applicant as a "facility

29  for a retained new spring training franchise facility," the

30  Office of Tourism, Trade, and Economic Development must

31  determine that:

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    Florida Senate - 2000                           CS for SB 1708
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  1         1.(a)  A "unit of local government" as defined in s.

  2  218.369 is responsible for the acquisition, construction,

  3  management, or operation of the facility for a retained new

  4  spring training franchise facility or holds title to the

  5  property on which the facility for a retained new spring

  6  training franchise facility is located.

  7         2.(b)  The applicant has a verified copy of a signed

  8  agreement with a retained new spring training franchise for

  9  the use of the facility for a term of at least 15 years.

10         3.(c)  The applicant has a financial commitment to

11  provide 50 percent or more of the funds required by an

12  agreement for the acquisition, construction, or renovation use

13  of the facility for a retained by the new spring training

14  franchise. The agreement can be contingent upon the awarding

15  of funds under this section and other conditions precedent to

16  use by the spring training franchise.

17         (d)  The proposed facility for the new spring training

18  franchise is located within 20 miles of an interstate or other

19  limited-access highway system.

20         4.(e)  The applicant has projections, verified by the

21  Office of Tourism, Trade, and Economic Development, which

22  demonstrate that the facility for a retained new spring

23  training franchise facility will attract a paid attendance of

24  at least 50,000 annually.

25         5.(f)  The facility for a retained new spring training

26  franchise facility is located in a county that is levying a

27  tourist development tax pursuant to s. 125.0104(3)(b), (c),

28  (d), and (l), at the rate of 4 percent by March 1, 1992, and,

29  87.5 percent of the proceeds from such tax are dedicated for

30  the construction of a spring training complex.

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    Florida Senate - 2000                           CS for SB 1708
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  1         (c)  The Office of Tourism, Trade, and Economic

  2  Development shall competitively evaluate applications for

  3  funding of a facility for a retained spring training

  4  franchise. Applications must be submitted by October 1, 2000,

  5  with certifications to be made by January 1, 2001. If the

  6  number of applicants exceeds five and the aggregate funding

  7  request of all applications exceeds $208,335 per month, the

  8  office shall rank the applications according to a selection

  9  criteria, certifying the highest ranked proposals. The

10  evaluation criteria shall include, with priority given in

11  descending order to the following items:

12         1.  The intended use of the funds by the applicant,

13  with priority given to the construction of a new facility.

14         2.  The length of time that the existing franchise has

15  been located in the state, with priority given to retaining

16  franchises that have been in the the same location the

17  longest.

18         3.  For those teams leasing a spring training facility

19  from a unit of local government, the remaining time on the

20  lease for facilities used by the spring training franchise,

21  with priority given to the shortest time period remaining on

22  the lease.

23         4.  The duration of the future-use agreement with the

24  retained spring training franchise, with priority given to the

25  future-use agreement having the longest duration.

26         5.  The size and amount of dollars involved in the

27  local match, with priority given to the largest percentage of

28  local match proposed.

29         6.  The net increase of total active recreation space

30  owned by the applying unit of local government following the

31  acquisition of land for the spring training facility, with

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    Florida Senate - 2000                           CS for SB 1708
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  1  priority given to the largest percentage increase of total

  2  active recreation space.

  3         7.  The location of the facility in a brownfield, an

  4  enterprise zone, a community redevelopment area, or other area

  5  of targeted development or revitalization included in an Urban

  6  Infill Redevelopment Plan, with priority given to facilities

  7  located in these areas.

  8         8.  The projections on paid attendance attracted by the

  9  facility and the proposed effect on the economy of the local

10  community, with priority given to the highest projected paid

11  attendance.

12         (d)  Funds may not be expended to subsidize privately

13  owned and maintained facilities for use by the spring training

14  franchise or to relocate an existing spring training franchise

15  to another unit of local government within the state.

16         (6)(7)  An applicant certified as a facility for a new

17  professional sports franchise or a facility for a retained

18  professional sports franchise or as a facility for a retained

19  new spring training franchise facility may use funds provided

20  pursuant to s. 212.20 only for the public purpose of paying

21  for the acquisition, construction, reconstruction, or

22  renovation of a facility for a new professional sports

23  franchise, a facility for a retained professional sports

24  franchise, or a facility for a retained new spring training

25  franchise facility or to pay or pledge for the payment of debt

26  service on, or to fund debt service reserve funds, arbitrage

27  rebate obligations, or other amounts payable with respect to,

28  bonds issued for the acquisition, construction,

29  reconstruction, or renovation of such facility or for the

30  reimbursement of such costs or the refinancing of bonds issued

31  for such purposes.

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    Florida Senate - 2000                           CS for SB 1708
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  1         (7)(8)  The Office of Tourism, Trade, and Economic

  2  Development shall notify the Department of Revenue of any

  3  facility certified as a facility for a new professional sports

  4  franchise or a facility for a retained professional sports

  5  franchise or as a facility for a retained new spring training

  6  franchise facility.  The Office of Tourism, Trade, and

  7  Economic Development shall may certify no more than eight

  8  facilities as facilities for a new professional sports

  9  franchise or, as facilities for a retained professional sports

10  franchise and shall certify at least five, or as facilities

11  for retained new spring training franchises franchise

12  facilities, including in such total any facilities certified

13  by the Department of Commerce before July 1, 1996. The office

14  may make no more than one certification for any facility. The

15  office may not certify funding for less than the requested

16  amount to any applicant certified as a facility for a retained

17  spring training facility.

18         (8)(9)  The Department of Revenue may audit as provided

19  in s. 213.34 to verify that the distributions pursuant to this

20  section have been expended as required in this section. Such

21  information is subject to the confidentiality requirements of

22  chapter 213. If the Department of Revenue determines that the

23  distributions pursuant to this section have not been expended

24  as required by this section, it may pursue recovery of such

25  funds pursuant to the laws and rules governing the assessment

26  of taxes.

27         (9)(10)  An applicant is shall not be qualified for

28  certification under this section if the franchise formed the

29  basis for a previous certification, unless the previous

30  certification was withdrawn by the facility or invalidated by

31  the Office of Tourism, Trade, and Economic Development or the

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    Florida Senate - 2000                           CS for SB 1708
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  1  Department of Commerce before any funds were distributed

  2  pursuant to s. 212.20. This subsection does not disqualify an

  3  applicant if the previous certification occurred between May

  4  23, 1993, and May 25, 1993; however, any funds to be

  5  distributed pursuant to s. 212.20 for the second certification

  6  shall be offset by the amount distributed to the previous

  7  certified facility. Distribution of funds for the second

  8  certification shall not be made until all amounts payable for

  9  the first certification have been distributed.

10         Section 3.  This act shall take effect upon becoming a

11  law.

12

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                              SB1708

15

16  The CS makes the fllowing changes to the bill:

17  removes the provision that deleted the Department of Revenue's
    authority to distribute sales tax proceeds to qualified
18  retained professional sports franchises;

19  corrects a number of "scrivener's errors" in the bill;

20  expands the eligibility of facilities that apply for state
    funding, from franchises based in the state before 6-1-1990,
21  to franchises based in the state prior to 1-1-2000;

22  clarifies the weight given certain criteria for ranking for
    state funding; and
23
    clarifies OTTED's discretion in awarding partial funding to
24  recipients.

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