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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