Senate Bill sb2168

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    Florida Senate - 2001                                  SB 2168

    By Senator Villalobos





    37-1135A-01

  1                      A bill to be entitled

  2         An act relating to brownfield redevelopment

  3         economic incentives; amending s. 376.84, F.S.;

  4         providing definitions; providing that a county

  5         that constructs, renovates, or expands a

  6         significant new facility for a professional

  7         sports franchise on a qualifying brownfield

  8         site is entitled to a sales tax increment

  9         rebate; requiring such county to submit certain

10         information to the Department of Revenue;

11         providing for certification of the county by

12         the department; providing for rules; providing

13         for use of the rebate funds; providing the

14         amount of the rebate; amending s. 212.20, F.S.;

15         providing for distribution of the rebate to

16         such counties; providing effective dates.

17

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

19

20         Section 1.  Section 376.84, Florida Statutes, is

21  amended to read:

22         376.84  Brownfield redevelopment economic

23  incentives.--It is the intent of the Legislature that

24  brownfield redevelopment activities be viewed as opportunities

25  to significantly improve the utilization, general condition,

26  and appearance of these sites.  Different standards than those

27  in place for new development, as allowed under current state

28  and local laws, should be used to the fullest extent to

29  encourage the redevelopment of a brownfield.  State and local

30  governments are encouraged to offer redevelopment incentives

31  for this purpose, as an ongoing public investment in

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  1  infrastructure and services, to help eliminate the public

  2  health and environmental hazards, and to promote the creation

  3  of jobs in these areas.  Such incentives may include

  4  financial, regulatory, and technical assistance to persons and

  5  businesses involved in the redevelopment of the brownfield

  6  pursuant to this act.

  7         (1)  Financial incentives and local incentives for

  8  redevelopment may include, but not be limited to:

  9         (a)  Tax increment financing through community

10  redevelopment agencies pursuant to part III of chapter 163.

11         (b)  Enterprise zone tax exemptions for businesses

12  pursuant to chapters 196 and 290.

13         (c)  Safe neighborhood improvement districts as

14  provided in ss. 163.501-163.523.

15         (d)  Waiver, reduction, or limitation by line of

16  business with respect to occupational license taxes pursuant

17  to chapter 205.

18         (e)  Tax exemption for historic properties as provided

19  in s. 196.1997.

20         (f)  Residential electricity exemption of up to the

21  first 500 kilowatts of use may be exempted from the municipal

22  public service tax pursuant to s. 166.231.

23         (g)  Minority business enterprise programs as provided

24  in s. 287.0943.

25         (h)  Electric and gas tax exemption as provided in s.

26  166.231(6).

27         (i)  Economic development tax abatement as provided in

28  s. 196.1995.

29         (j)  Grants, including community development block

30  grants.

31         (k)  Pledging of revenues to secure bonds.

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  1         (l)  Low-interest revolving loans and zero-interest

  2  loan pools.

  3         (m)  Local grant programs for facade, storefront,

  4  signage, and other business improvements.

  5         (n)  Governmental coordination of loan programs with

  6  lenders, such as microloans, business reserve fund loans,

  7  letter of credit enhancements, gap financing, land lease and

  8  sublease loans, and private equity.

  9         (o)  Payment schedules over time for payment of fees,

10  within criteria, and marginal cost pricing.

11         (p)  The sales tax increment rebate established for an

12  eligible county owning a significant new facility on a

13  qualifying site under subsection (4).

14         (2)  Regulatory incentives may include, but not be

15  limited to:

16         (a)  Cities' absorption of developers' concurrency

17  needs.

18         (b)  Developers' performance of certain analyses.

19         (c)  Exemptions and lessening of state and local review

20  requirements.

21         (d)  Water and sewer regulatory incentives.

22         (e)  Waiver of transportation impact fees and permit

23  fees.

24         (f)  Zoning incentives to reduce review requirements

25  for redevelopment changes in use and occupancy; establishment

26  of code criteria for specific uses; and institution of credits

27  for previous use within the area.

28         (g)  Flexibility in parking standards and buffer zone

29  standards.

30         (h)  Environmental management through specific code

31  criteria and conditions allowed by current law.

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  1         (i)  Maintenance standards and activities by ordinance

  2  and otherwise, and increased security and crime prevention

  3  measures available through special assessments.

  4         (j)  Traffic-calming measures.

  5         (k)  Historic preservation ordinances, loan programs,

  6  and review and permitting procedures.

  7         (l)  One-stop permitting and streamlined development

  8  and permitting process.

  9         (3)  Technical assistance incentives may include, but

10  not be limited to:

11         (a)  Expedited development applications.

12         (b)  Formal and informal information on business

13  incentives and financial programs.

14         (c)  Site design assistance.

15         (d)  Marketing and promotion of projects or areas.

16         (4)(a)  The governing board of an eligible county that

17  constructs, reconstructs, renovates, expands, or

18  rehabilitates, either directly or through turnkey or similar

19  contractual arrangements, a significant new facility on a

20  qualifying site is entitled to receive sales tax increment

21  rebates pursuant to s. 212.20 in the manner provided in this

22  subsection.

23         (b)  For purposes of this subsection, the term:

24         1.  "Eligible county" means a county that constructs,

25  reconstructs, renovates, expands, or rehabilitates, either

26  directly or through turnkey or similar contractual

27  arrangements, a significant new facility on a qualifying site.

28         2.  "Qualifying site" means a site located in a

29  brownfield area designated under s. 376.80 which is owned by

30  an eligible county and is within the boundaries of a local

31  government impacted by a financial emergency.

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  1         3.  "Local government impacted by a financial

  2  emergency" means a county or municipality that has a resident

  3  population of 300,000 or more and has been declared to be in a

  4  state of financial emergency pursuant to part V of chapter 218

  5  during any of the 7 fiscal years preceding the date on which

  6  construction of a significant new facility commences.

  7         4.  "Significant new facility" means a real property

  8  improvement on a qualifying site which meets the following

  9  requirements:

10         a.  It is owned by a county and leased to, licensed to,

11  or to be operated by a private, for-profit entity for the

12  purpose of operating a professional sports franchise therefrom

13  for a period of not less than 30 years after the date the

14  eligible county submits the notice required by paragraph (c).

15         b.  It has an actual cost for construction,

16  reconstruction, renovation, expansion, or rehabilitation of

17  the facility and remediation of the qualifying site of not

18  less than $300 million of which not less than $50 million,

19  over the term of the lease, license, or operation, will be

20  contributed by the private lessee, licensee, or operator,

21  which contribution may be in the form of annual payments

22  pledged to finance the construction of the facility.

23         c.  It has been proposed, in a report submitted to the

24  eligible county by a qualified economist, that the facility

25  will have an annual economic impact of not less than $100

26  million over the term of the lease, license, or operation and

27  will create not less than 1,500 jobs over such term.

28         5.  "Cost," with respect to the qualifying site and

29  significant new facility, has the same meaning as ascribed in

30  s. 190.003(7).

31         6.  "Department" means the Department of Revenue.

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  1         (c)  The governing authority of an eligible county

  2  shall notify the department in writing of its eligibility to

  3  receive the sales tax increment rebate provided for by this

  4  subsection and shall accompany such notice with:

  5         1.  Evidence that the significant new facility is

  6  located on a qualifying site.

  7         2.  Copies, certified by the clerk of the eligible

  8  county as true and correct copies, of fully executed

  9  construction contracts or other contractual arrangements

10  evidencing that the actual cost of the construction,

11  reconstruction, renovation, expansion, or rehabilitation of

12  the significant new facility and the remediation of the

13  qualifying site on which it is located exceeds $300 million,

14  of which not less than $50 million will be contributed by the

15  private lessee, licensee, or operator in the manner described

16  in subparagraph (b)4.

17         3.  The fully executed agreement evidencing that the

18  facility has been leased to, licensed to, or is to be operated

19  by a private, for-profit entity for a period of not less than

20  30 years after the date of the notice.

21         (d)  The department shall certify an eligible county

22  within 90 days after its receipt of the notice required by

23  paragraph (c). The department has the authority to adopt rules

24  necessary to administer this subsection.

25         (e)  An eligible county may use funds provided pursuant

26  to s. 212.20(6)(e)7.e. only for the public purpose of paying

27  for, or pledging as security for or paying debt service on

28  bonds or other obligations issued to finance, the costs of

29  acquisition, site preparation, infrastructure development,

30  construction, reconstruction, renovation, expansion, or

31  rehabilitation of the qualifying site and significant new

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  1  facility to be located thereon, or for the costs of

  2  infrastructure and other improvements that are located outside

  3  the boundaries of the qualifying site but that are necessary

  4  or helpful to the development or operation of the significant

  5  new facility, or for reimbursement of any such costs, and for

  6  the costs incurred by the county to remediate the qualifying

  7  site.

  8         (f)  The amount of the sales tax increment rebate

  9  pursuant to s. 212.20(6)(e)7.e. to be provided to an eligible

10  county certified pursuant to this section shall be computed

11  annually and shall be equal to the difference between 100

12  percent of the taxes imposed under chapter 212 which are

13  generated each year from games played by the professional

14  sports franchise team at the qualifying site and 100 percent

15  of the taxes imposed under chapter 212 which are generated in

16  2000 from games played by the professional sports franchise

17  team.

18         (g)  The state covenants with the holders of bonds or

19  other obligations or contractual commitments secured by or

20  payable from the proceeds of the sales tax increment rebate

21  authorized by this subsection that it will not repeal or

22  impair, or amend in any manner that will materially and

23  adversely affect the rights of such holders, the sales tax

24  increment rebate provided by this subsection and s. 212.20.

25         Section 2.  Paragraph (e) of subsection (6) of section

26  212.20, Florida Statutes, is amended to read:

27         212.20  Funds collected, disposition; additional powers

28  of department; operational expense; refund of taxes

29  adjudicated unconstitutionally collected.--

30         (6)  Distribution of all proceeds under this chapter

31  shall be as follows:

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  1         (e)  The proceeds of all other taxes and fees imposed

  2  pursuant to this chapter shall be distributed as follows:

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

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

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

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

  7  deposited in monthly installments into the General Revenue

  8  Fund.

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

10  the Solid Waste Management Trust Fund.

11         3.  After the distribution under subparagraphs 1. and

12  2., 9.653 percent of the amount remitted by a sales tax dealer

13  located within a participating county pursuant to s. 218.61

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

15  Tax Clearing Trust Fund.

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

17  and 3., 0.065 percent shall be transferred to the Local

18  Government Half-cent Sales Tax Clearing Trust Fund and

19  distributed pursuant to s. 218.65.

20         5.  For proceeds received after July 1, 2000, and after

21  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

22  percent of the available proceeds pursuant to this paragraph

23  shall be transferred monthly to the Revenue Sharing Trust Fund

24  for Counties pursuant to s. 218.215.

25         6.  For proceeds received after July 1, 2000, and after

26  the distributions under subparagraphs 1., 2., 3., and 4.,

27  1.0715 percent of the available proceeds pursuant to this

28  paragraph shall be transferred monthly to the Revenue Sharing

29  Trust Fund for Municipalities pursuant to s. 218.215. If the

30  total revenue to be distributed pursuant to this subparagraph

31  is at least as great as the amount due from the Revenue

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  1  Sharing Trust Fund for Municipalities and the Municipal

  2  Financial Assistance Trust Fund in state fiscal year

  3  1999-2000, no municipality shall receive less than the amount

  4  due from the Revenue Sharing Trust Fund for Municipalities and

  5  the Municipal Financial Assistance Trust Fund in state fiscal

  6  year 1999-2000. If the total proceeds to be distributed are

  7  less than the amount received in combination from the Revenue

  8  Sharing Trust Fund for Municipalities and the Municipal

  9  Financial Assistance Trust Fund in state fiscal year

10  1999-2000, each municipality shall receive an amount

11  proportionate to the amount it was due in state fiscal year

12  1999-2000.

13         7.  Of the remaining proceeds:

14         a.  Beginning July 1, 2000, and in each fiscal year

15  thereafter, the sum of $29,915,500 shall be divided into as

16  many equal parts as there are counties in the state, and one

17  part shall be distributed to each county.  The distribution

18  among the several counties shall begin each fiscal year on or

19  before January 5th and shall continue monthly for a total of 4

20  months.  If a local or special law required that any moneys

21  accruing to a county in fiscal year 1999-2000 under the

22  then-existing provisions of s. 550.135 be paid directly to the

23  district school board, special district, or a municipal

24  government, such payment shall continue until such time that

25  the local or special law is amended or repealed.  The state

26  covenants with holders of bonds or other instruments of

27  indebtedness issued by local governments, special districts,

28  or district school boards prior to July 1, 2000, that it is

29  not the intent of this subparagraph to adversely affect the

30  rights of those holders or relieve local governments, special

31  districts, or district school boards of the duty to meet their

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  1  obligations as a result of previous pledges or assignments or

  2  trusts entered into which obligated funds received from the

  3  distribution to county governments under then-existing s.

  4  550.135.  This distribution specifically is in lieu of funds

  5  distributed under s. 550.135 prior to July 1, 2000.

  6         b.  The department shall distribute $166,667 monthly

  7  pursuant to s. 288.1162 to each applicant that has been

  8  certified as a "facility for a new professional sports

  9  franchise" or a "facility for a retained professional sports

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

11  distributed monthly by the department to each applicant that

12  has been certified as a "facility for a retained spring

13  training franchise" pursuant to s. 288.1162; however, not more

14  than $208,335 may be distributed monthly in the aggregate to

15  all certified facilities for a retained spring training

16  franchise. Distributions shall begin 60 days following such

17  certification and shall continue for not more than 30 years.

18  Nothing contained in this paragraph shall be construed to

19  allow an applicant certified pursuant to s. 288.1162 to

20  receive more in distributions than actually expended by the

21  applicant for the public purposes provided for in s.

22  288.1162(6). However, a certified applicant is entitled to

23  receive distributions up to the maximum amount allowable and

24  undistributed under this section for additional renovations

25  and improvements to the facility for the franchise without

26  additional certification.

27         c.  Beginning 30 days after notice by the Office of

28  Tourism, Trade, and Economic Development to the Department of

29  Revenue that an applicant has been certified as the

30  professional golf hall of fame pursuant to s. 288.1168 and is

31

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  1  open to the public, $166,667 shall be distributed monthly, for

  2  up to 300 months, to the applicant.

  3         d.  Beginning 30 days after notice by the Office of

  4  Tourism, Trade, and Economic Development to the Department of

  5  Revenue that the applicant has been certified as the

  6  International Game Fish Association World Center facility

  7  pursuant to s. 288.1169, and the facility is open to the

  8  public, $83,333 shall be distributed monthly, for up to 168

  9  months, to the applicant. This distribution is subject to

10  reduction pursuant to s. 288.1169.  A lump sum payment of

11  $999,996 shall be made, after certification and before July 1,

12  2000.

13         e.  Beginning 30 days after an eligible county has been

14  certified pursuant to s. 376.84(4), an amount equal to the

15  sales tax increment rebate calculated pursuant to s. 376.84(4)

16  shall be distributed each year to the county, monthly over a

17  12-month period.

18         8.  All other proceeds shall remain with the General

19  Revenue Fund.

20         Section 3.  If section 35 of chapter 2000-260, Laws of

21  Florida, is not repealed by section 58 of said chapter, then,

22  effective October 1, 2001, paragraph (e) of subsection (6) of

23  section 212.20, Florida Statutes, as amended by section 35 of

24  chapter 2000-260, Laws of Florida, is amended to read:

25         212.20  Funds collected, disposition; additional powers

26  of department; operational expense; refund of taxes

27  adjudicated unconstitutionally collected.--

28         (6)  Distribution of all proceeds under this chapter

29  and s. 202.18(1)(b) and (2)(b) shall be as follows:

30

31

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  1         (e)  The proceeds of all other taxes and fees imposed

  2  pursuant to this chapter or remitted pursuant to s.

  3  202.18(1)(b) and (2)(b) shall be distributed as follows:

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

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

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

  7  other taxes and fees imposed pursuant to this chapter or

  8  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

  9  deposited in monthly installments into the General Revenue

10  Fund.

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

12  the Solid Waste Management Trust Fund.

13         3.  After the distribution under subparagraphs 1. and

14  2., 9.653 percent of the amount remitted by a sales tax dealer

15  located within a participating county pursuant to s. 218.61

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

17  Tax Clearing Trust Fund.

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

19  and 3., 0.065 percent shall be transferred to the Local

20  Government Half-cent Sales Tax Clearing Trust Fund and

21  distributed pursuant to s. 218.65.

22         5.  For proceeds received after July 1, 2000, and after

23  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

24  percent of the available proceeds pursuant to this paragraph

25  shall be transferred monthly to the Revenue Sharing Trust Fund

26  for Counties pursuant to s. 218.215.

27         6.  For proceeds received after July 1, 2000, and after

28  the distributions under subparagraphs 1., 2., 3., and 4.,

29  1.0715 percent of the available proceeds pursuant to this

30  paragraph shall be transferred monthly to the Revenue Sharing

31  Trust Fund for Municipalities pursuant to s. 218.215. If the

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  1  total revenue to be distributed pursuant to this subparagraph

  2  is at least as great as the amount due from the Revenue

  3  Sharing Trust Fund for Municipalities and the Municipal

  4  Financial Assistance Trust Fund in state fiscal year

  5  1999-2000, no municipality shall receive less than the amount

  6  due from the Revenue Sharing Trust Fund for Municipalities and

  7  the Municipal Financial Assistance Trust Fund in state fiscal

  8  year 1999-2000. If the total proceeds to be distributed are

  9  less than the amount received in combination from the Revenue

10  Sharing Trust Fund for Municipalities and the Municipal

11  Financial Assistance Trust Fund in state fiscal year

12  1999-2000, each municipality shall receive an amount

13  proportionate to the amount it was due in state fiscal year

14  1999-2000.

15         7.  Of the remaining proceeds:

16         a.  Beginning July 1, 2000, and in each fiscal year

17  thereafter, the sum of $29,915,500 shall be divided into as

18  many equal parts as there are counties in the state, and one

19  part shall be distributed to each county.  The distribution

20  among the several counties shall begin each fiscal year on or

21  before January 5th and shall continue monthly for a total of 4

22  months.  If a local or special law required that any moneys

23  accruing to a county in fiscal year 1999-2000 under the

24  then-existing provisions of s. 550.135 be paid directly to the

25  district school board, special district, or a municipal

26  government, such payment shall continue until such time that

27  the local or special law is amended or repealed.  The state

28  covenants with holders of bonds or other instruments of

29  indebtedness issued by local governments, special districts,

30  or district school boards prior to July 1, 2000, that it is

31  not the intent of this subparagraph to adversely affect the

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  1  rights of those holders or relieve local governments, special

  2  districts, or district school boards of the duty to meet their

  3  obligations as a result of previous pledges or assignments or

  4  trusts entered into which obligated funds received from the

  5  distribution to county governments under then-existing s.

  6  550.135.  This distribution specifically is in lieu of funds

  7  distributed under s. 550.135 prior to July 1, 2000.

  8         b.  The department shall distribute $166,667 monthly

  9  pursuant to s. 288.1162 to each applicant that has been

10  certified as a "facility for a new professional sports

11  franchise" or a "facility for a retained professional sports

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

13  distributed monthly by the department to each applicant that

14  has been certified as a "facility for a retained spring

15  training franchise" pursuant to s. 288.1162; however, not more

16  than $208,335 may be distributed monthly in the aggregate to

17  all certified facilities for a retained spring training

18  franchise. Distributions shall begin 60 days following such

19  certification and shall continue for not more than 30 years.

20  Nothing contained in this paragraph shall be construed to

21  allow an applicant certified pursuant to s. 288.1162 to

22  receive more in distributions than actually expended by the

23  applicant for the public purposes provided for in s.

24  288.1162(6). However, a certified applicant is entitled to

25  receive distributions up to the maximum amount allowable and

26  undistributed under this section for additional renovations

27  and improvements to the facility for the franchise without

28  additional certification.

29         c.  Beginning 30 days after notice by the Office of

30  Tourism, Trade, and Economic Development to the Department of

31  Revenue that an applicant has been certified as the

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  1  professional golf hall of fame pursuant to s. 288.1168 and is

  2  open to the public, $166,667 shall be distributed monthly, for

  3  up to 300 months, to the applicant.

  4         d.  Beginning 30 days after notice by the Office of

  5  Tourism, Trade, and Economic Development to the Department of

  6  Revenue that the applicant has been certified as the

  7  International Game Fish Association World Center facility

  8  pursuant to s. 288.1169, and the facility is open to the

  9  public, $83,333 shall be distributed monthly, for up to 168

10  months, to the applicant. This distribution is subject to

11  reduction pursuant to s. 288.1169.  A lump sum payment of

12  $999,996 shall be made, after certification and before July 1,

13  2000.

14         e.  Beginning 30 days after an eligible county has been

15  certified pursuant to s. 376.84(4), an amount equal to the

16  sales tax increment rebate calculated pursuant to s. 376.84(4)

17  shall be distributed each year to the county, monthly over a

18  12-month period.

19         8.  All other proceeds shall remain with the General

20  Revenue Fund.

21         Section 4.  Except as otherwise provided in this act,

22  this act shall take effect July 1, 2001.

23

24            *****************************************

25                       LEGISLATIVE SUMMARY

26
      Provides that a county that constructs, renovates, or
27    expands a significant new facility for a professional
      sports franchise on a qualifying brownfield site is
28    entitled to a sales tax increment rebate. Requires such
      county to submit certain information to the Department of
29    Revenue and provides for certification of the county by
      the department. Provides for use of the rebate funds.
30    Provides for calculation of the amount of the rebate.
      Provides for distribution of the rebate to eligible
31    counties.

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