Senate Bill sb2168c1

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    Florida Senate - 2001                           CS for SB 2168

    By the Committee on Appropriations and Senator Villalobos





    309-1973-01

  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; providing conditions

15         under which eligible counties cease to be

16         entitled to certain rebates; requiring

17         repayment of rebate proceeds to the state if

18         the county sells or otherwise conveys the

19         facility or the real property on which it is

20         located to a private entity; amending s.

21         212.20, F.S.; providing for distribution of the

22         rebate to such counties; creating s. 186.5053,

23         F.S.; authorizing the South Florida Regional

24         Planning Council to undertake certain

25         responsibilities and activities; providing

26         effective dates.

27

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

29

30         Section 1.  Section 376.84, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2001                           CS for SB 2168
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  1         376.84  Brownfield redevelopment economic

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

  3  brownfield redevelopment activities be viewed as opportunities

  4  to significantly improve the utilization, general condition,

  5  and appearance of these sites.  Different standards than those

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

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

  8  encourage the redevelopment of a brownfield.  State and local

  9  governments are encouraged to offer redevelopment incentives

10  for this purpose, as an ongoing public investment in

11  infrastructure and services, to help eliminate the public

12  health and environmental hazards, and to promote the creation

13  of jobs in these areas.  Such incentives may include

14  financial, regulatory, and technical assistance to persons and

15  businesses involved in the redevelopment of the brownfield

16  pursuant to this act.

17         (1)  Financial incentives and local incentives for

18  redevelopment may include, but not be limited to:

19         (a)  Tax increment financing through community

20  redevelopment agencies pursuant to part III of chapter 163.

21         (b)  Enterprise zone tax exemptions for businesses

22  pursuant to chapters 196 and 290.

23         (c)  Safe neighborhood improvement districts as

24  provided in ss. 163.501-163.523.

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

26  business with respect to occupational license taxes pursuant

27  to chapter 205.

28         (e)  Tax exemption for historic properties as provided

29  in s. 196.1997.

30

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    Florida Senate - 2001                           CS for SB 2168
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  1         (f)  Residential electricity exemption of up to the

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

  3  public service tax pursuant to s. 166.231.

  4         (g)  Minority business enterprise programs as provided

  5  in s. 287.0943.

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

  7  166.231(6).

  8         (i)  Economic development tax abatement as provided in

  9  s. 196.1995.

10         (j)  Grants, including community development block

11  grants.

12         (k)  Pledging of revenues to secure bonds.

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

14  loan pools.

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

16  signage, and other business improvements.

17         (n)  Governmental coordination of loan programs with

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

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

20  sublease loans, and private equity.

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

22  within criteria, and marginal cost pricing.

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

24  eligible county in which there is a significant new facility

25  on a qualifying site under subsection (4).

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

27  limited to:

28         (a)  Cities' absorption of developers' concurrency

29  needs.

30         (b)  Developers' performance of certain analyses.

31

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

  2  requirements.

  3         (d)  Water and sewer regulatory incentives.

  4         (e)  Waiver of transportation impact fees and permit

  5  fees.

  6         (f)  Zoning incentives to reduce review requirements

  7  for redevelopment changes in use and occupancy; establishment

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

  9  for previous use within the area.

10         (g)  Flexibility in parking standards and buffer zone

11  standards.

12         (h)  Environmental management through specific code

13  criteria and conditions allowed by current law.

14         (i)  Maintenance standards and activities by ordinance

15  and otherwise, and increased security and crime prevention

16  measures available through special assessments.

17         (j)  Traffic-calming measures.

18         (k)  Historic preservation ordinances, loan programs,

19  and review and permitting procedures.

20         (l)  One-stop permitting and streamlined development

21  and permitting process.

22         (3)  Technical assistance incentives may include, but

23  not be limited to:

24         (a)  Expedited development applications.

25         (b)  Formal and informal information on business

26  incentives and financial programs.

27         (c)  Site design assistance.

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

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

30  constructs, reconstructs, renovates, expands, or

31  rehabilitates, either directly or indirectly through turnkey

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    Florida Senate - 2001                           CS for SB 2168
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  1  or other contractual arrangements, a significant new facility

  2  on a qualifying site is entitled to receive sales tax

  3  increment rebates pursuant to s. 212.20 in the manner provided

  4  in this subsection.

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

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

  7  reconstructs, renovates, expands, or rehabilitates, either

  8  directly or indirectly through turnkey or other contractual

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

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

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

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

13  government impacted by a financial emergency.

14         3.  "Local government impacted by a financial

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

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

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

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

19  construction of a significant new facility commences.

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

21  improvement on a qualifying site which meets the following

22  requirements:

23         a.  It is owned by a county or a municipality within

24  the county and leased to, licensed to, or to be operated by a

25  private, for-profit entity for the purpose of operating a

26  professional sports franchise therefrom for a period of not

27  less than 30 years after the date the eligible county submits

28  the notice required by paragraph (c). The lease, license, or

29  operating agreement between the county and the private

30  for-profit entity must specify that in the event of relocation

31  or sale of the professional sports franchises, that portion of

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    Florida Senate - 2001                           CS for SB 2168
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  1  the proceeds of the sale that represents profit attributable

  2  to an increase in value because of the sales tax increment

  3  rebate provided by the state, as determined by an independent

  4  appraiser, shall be remitted to the state. The independent

  5  appraiser shall be jointly selected by the Governor and the

  6  private for-profit entity. In determining which portion of the

  7  proceeds of the sale represents profit, the independent

  8  appraiser shall deduct from such proceeds all capital invested

  9  by the seller or sellers in the professional sports franchise

10  on or prior to the date of sale (including prior to the date

11  the business began operating at the significant new facility),

12  all debt existing on the date of sale that is not assumed by

13  the buyer, and a cost of money factor with respect to the

14  invested capital that the appraiser determines a nationally

15  recognized investment banking firm would have required in 2001

16  for an equity capital investment in the sports and recreation

17  industry. The appraiser shall also consider the impact of the

18  significant new facility on the amount of profit, and the

19  portion thereof attributable to the sales tax rebate shall not

20  be in excess of the percentage of the total cost of the

21  significant new facility represented by the sales tax rebate.

22  A sale of the professional sports franchise shall occur upon

23  the sale of all or substantially all of the assets of or

24  equity in the professional sports franchise. In the event of a

25  sale of less than all or substantially all of the equity in

26  the private for-profit entity, the seller thereof shall have

27  the state's profit allocation determined as of the date of

28  sale and then pay the state the portion represented by the

29  percentage of equity being sold, in which event the buyer

30  shall take free of this obligation to the state and future

31  profit allocations will take prior payments into account.

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    Florida Senate - 2001                           CS for SB 2168
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  1         b.  It has a projected cost for construction,

  2  reconstruction, renovation, expansion, or rehabilitation of

  3  the facility and acquisition and remediation of the qualifying

  4  site of not less than $300 million, of which not less than $50

  5  million, over the term of the lease, license or operation,

  6  will be contributed by the private lessee, licensee, or

  7  operator, which contribution may be in the form of payments in

  8  lieu of taxes, ground lease rent, license fees, rents and

  9  other charges, including, without limitation, annual payments

10  pledged to finance the construction of the facility.

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

12  eligible county by a qualified economist, that the facility

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

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

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

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

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

18  s. 190.003(7).

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

20         (c)  The governing authority of an eligible county

21  shall notify the department in writing of its eligibility to

22  receive the sales tax increment rebate provided for by this

23  subsection and shall accompany such notice with:

24         1.  Evidence that the significant new facility shall be

25  located on a qualifying site.

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

27  county as true and correct copies, of fully executed

28  construction contracts and other contractual arrangements

29  evidencing that the projected cost of the construction,

30  reconstruction, renovation, expansion, or rehabilitation of

31  the significant new facility and acquisition and the

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  1  remediation of the qualifying site on which it is located

  2  exceeds $300 million, of which not less than $50 million will

  3  be contributed by the private lessees, licensee, or operator

  4  in the manner described in subparagraph 4.b.

  5         3.  The fully executed agreement evidencing that the

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

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

  8  30 years after the date of the notice.

  9         (d)  The department shall certify an eligible county

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

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

12  necessary to administer this subsection.

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

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

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

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

17  acquisition, site preparation, infrastructure development,

18  construction, reconstruction, renovation, expansion, or

19  rehabilitation of the qualifying site and significant new

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

21  infrastructure and other improvements that are located outside

22  the boundaries of the qualifying site but that are necessary

23  or helpful to the development or operation of the significant

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

25  the costs incurred by the county to remediate the qualifying

26  site. In the event that in any fiscal year of an eligible

27  county the funds provided pursuant to s. 212.20(6)(e)7.e. are

28  in excess of the amount necessary in such fiscal year to pay

29  the costs related to the significant new facility and

30  qualifying site as authorized in this subsection and to pay

31  debt service on bonds or other obligations related only to the

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  1  costs for construction of the significant new facility issued

  2  to finance or refinance all or any part of such cost, such

  3  excess funds shall be applied toward or set aside for the

  4  redemption or repayment of any such bonds or other

  5  obligations. The eligible county shall actively accept and

  6  solicit African American and other minority participation in

  7  the planning, design, construction, building, maintenance, and

  8  operation of the significant new facility.

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

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

11  county certified pursuant to this section shall be computed

12  annually and shall be equal to the difference between 100

13  percent of the taxes imposed under chapter 212 which are

14  generated each year from games played by the professional

15  sports franchise team at the qualifying site and 100 percent

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

17  2000 from games played by the professional sports franchise

18  team.

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

20  other obligations or contractual commitments secured by or

21  payable from the proceeds of the sales tax increment rebate

22  authorized by this subsection that it will not repeal or

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

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

25  increment rebate provided by this subsection and s. 212.20;

26  however, the annual rebate amount may increase or decrease

27  based on the rebate computation provided by paragraph (f).

28         (h)  An eligible county shall cease to be entitled to

29  receive the sales tax increment rebate authorized by this

30  subsection at such time as all costs relating to the bonds of

31  the significant new facility and qualifying site as authorized

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  1  in subparagraph (4)(e) and all bonds or other obligations

  2  issued to finance or refinance all or any part of such costs

  3  are paid in full, but in no event later than the stated term

  4  of the license, lease, or operating or management agreement

  5  between such private for-profit entity and the eligible

  6  county.

  7         (i)  If at any time an eligible county sells or

  8  otherwise conveys the significant new facility or the real

  9  property on which it is located to a private entity, an amount

10  equal to the total amount of all rebate proceeds provided to

11  the eligible county with respect to that facility pursuant to

12  s. 212.20(6)(e)7.e. shall be repaid by the eligible county to

13  the state.

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

15  212.20, Florida Statutes, is amended to read:

16         212.20  Funds collected, disposition; additional powers

17  of department; operational expense; refund of taxes

18  adjudicated unconstitutionally collected.--

19         (6)  Distribution of all proceeds under this chapter

20  shall be as follows:

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

22  pursuant to this chapter shall be distributed as follows:

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

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

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

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

27  deposited in monthly installments into the General Revenue

28  Fund.

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

30  the Solid Waste Management Trust Fund.

31

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  1         3.  After the distribution under subparagraphs 1. and

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

  3  located within a participating county pursuant to s. 218.61

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

  5  Tax Clearing Trust Fund.

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

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

  8  Government Half-cent Sales Tax Clearing Trust Fund and

  9  distributed pursuant to s. 218.65.

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

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

12  percent of the available proceeds pursuant to this paragraph

13  shall be transferred monthly to the Revenue Sharing Trust Fund

14  for Counties pursuant to s. 218.215.

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

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

17  1.0715 percent of the available proceeds pursuant to this

18  paragraph shall be transferred monthly to the Revenue Sharing

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

20  total revenue to be distributed pursuant to this subparagraph

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

22  Sharing Trust Fund for Municipalities and the Municipal

23  Financial Assistance Trust Fund in state fiscal year

24  1999-2000, no municipality shall receive less than the amount

25  due from the Revenue Sharing Trust Fund for Municipalities and

26  the Municipal Financial Assistance Trust Fund in state fiscal

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

28  less than the amount received in combination from the Revenue

29  Sharing Trust Fund for Municipalities and the Municipal

30  Financial Assistance Trust Fund in state fiscal year

31  1999-2000, each municipality shall receive an amount

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

  2  1999-2000.

  3         7.  Of the remaining proceeds:

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

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

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

  7  part shall be distributed to each county.  The distribution

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

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

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

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

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

13  district school board, special district, or a municipal

14  government, such payment shall continue until such time that

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

16  covenants with holders of bonds or other instruments of

17  indebtedness issued by local governments, special districts,

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

19  not the intent of this subparagraph to adversely affect the

20  rights of those holders or relieve local governments, special

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

22  obligations as a result of previous pledges or assignments or

23  trusts entered into which obligated funds received from the

24  distribution to county governments under then-existing s.

25  550.135.  This distribution specifically is in lieu of funds

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

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

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

29  certified as a "facility for a new professional sports

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

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

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  1  distributed monthly by the department to each applicant that

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

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

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

  5  all certified facilities for a retained spring training

  6  franchise. Distributions shall begin 60 days following such

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

  8  Nothing contained in this paragraph shall be construed to

  9  allow an applicant certified pursuant to s. 288.1162 to

10  receive more in distributions than actually expended by the

11  applicant for the public purposes provided for in s.

12  288.1162(6). However, a certified applicant is entitled to

13  receive distributions up to the maximum amount allowable and

14  undistributed under this section for additional renovations

15  and improvements to the facility for the franchise without

16  additional certification.

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

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

19  Revenue that an applicant has been certified as the

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

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

22  up to 300 months, to the applicant.

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

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

25  Revenue that the applicant has been certified as the

26  International Game Fish Association World Center facility

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

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

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

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

31

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

  2  2000.

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

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

  5  sales tax increment rebate calculated pursuant to s.

  6  376.84(4)(f) shall be distributed each year to the county,

  7  monthly over a 12-month period.

  8         8.  All other proceeds shall remain with the General

  9  Revenue Fund.

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

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

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

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

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

15         212.20  Funds collected, disposition; additional powers

16  of department; operational expense; refund of taxes

17  adjudicated unconstitutionally collected.--

18         (6)  Distribution of all proceeds under this chapter

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

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

21  pursuant to this chapter or remitted pursuant to s.

22  202.18(1)(b) and (2)(b) shall be distributed as follows:

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

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

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

26  other taxes and fees imposed pursuant to this chapter or

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

28  deposited in monthly installments into the General Revenue

29  Fund.

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

31  the Solid Waste Management Trust Fund.

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  1         3.  After the distribution under subparagraphs 1. and

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

  3  located within a participating county pursuant to s. 218.61

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

  5  Tax Clearing Trust Fund.

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

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

  8  Government Half-cent Sales Tax Clearing Trust Fund and

  9  distributed pursuant to s. 218.65.

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

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

12  percent of the available proceeds pursuant to this paragraph

13  shall be transferred monthly to the Revenue Sharing Trust Fund

14  for Counties pursuant to s. 218.215.

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

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

17  1.0715 percent of the available proceeds pursuant to this

18  paragraph shall be transferred monthly to the Revenue Sharing

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

20  total revenue to be distributed pursuant to this subparagraph

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

22  Sharing Trust Fund for Municipalities and the Municipal

23  Financial Assistance Trust Fund in state fiscal year

24  1999-2000, no municipality shall receive less than the amount

25  due from the Revenue Sharing Trust Fund for Municipalities and

26  the Municipal Financial Assistance Trust Fund in state fiscal

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

28  less than the amount received in combination from the Revenue

29  Sharing Trust Fund for Municipalities and the Municipal

30  Financial Assistance Trust Fund in state fiscal year

31  1999-2000, each municipality shall receive an amount

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

  2  1999-2000.

  3         7.  Of the remaining proceeds:

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

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

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

  7  part shall be distributed to each county.  The distribution

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

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

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

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

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

13  district school board, special district, or a municipal

14  government, such payment shall continue until such time that

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

16  covenants with holders of bonds or other instruments of

17  indebtedness issued by local governments, special districts,

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

19  not the intent of this subparagraph to adversely affect the

20  rights of those holders or relieve local governments, special

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

22  obligations as a result of previous pledges or assignments or

23  trusts entered into which obligated funds received from the

24  distribution to county governments under then-existing s.

25  550.135.  This distribution specifically is in lieu of funds

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

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

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

29  certified as a "facility for a new professional sports

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

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

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    Florida Senate - 2001                           CS for SB 2168
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  1  distributed monthly by the department to each applicant that

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

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

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

  5  all certified facilities for a retained spring training

  6  franchise. Distributions shall begin 60 days following such

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

  8  Nothing contained in this paragraph shall be construed to

  9  allow an applicant certified pursuant to s. 288.1162 to

10  receive more in distributions than actually expended by the

11  applicant for the public purposes provided for in s.

12  288.1162(6). However, a certified applicant is entitled to

13  receive distributions up to the maximum amount allowable and

14  undistributed under this section for additional renovations

15  and improvements to the facility for the franchise without

16  additional certification.

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

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

19  Revenue that an applicant has been certified as the

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

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

22  up to 300 months, to the applicant.

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

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

25  Revenue that the applicant has been certified as the

26  International Game Fish Association World Center facility

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

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

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

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

31

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

  2  2000.

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

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

  5  sales tax increment rebate calculated pursuant to s.

  6  376.84(4)(f) shall be distributed each year to the county,

  7  monthly over a 12-month period.

  8         8.  All other proceeds shall remain with the General

  9  Revenue Fund.

10         Section 4.  Section 186.5053, Florida Statutes, is

11  created to read:

12         186.5053  South Florida Regional Planning Council

13  responsibilities.--Pursuant to s. 186.505, the South Florida

14  Regional Planning Council is authorized to undertake

15  responsibilities delegated and prescribed by the federal and

16  state government, and its member units of local government, as

17  well as activities agreed to through multiparty and

18  intergovernmental voluntary agreements such as, but not

19  limited to, activities related to site rehabilitation at

20  brownfield sites within designated brownfield areas pursuant

21  to chapter 376, subject to the Department of Environmental

22  Protection's approval of all environmental regulatory

23  decisions at the sites; activities agreed to by the Eastward

24  Ho! Brownfields Partnership; activities agreed to by the Clean

25  Cities Coalition; and activities agreed to in the South Dade

26  Watershed memorandum of understanding.

27         Section 5.  Except as otherwise provided in this act,

28  this act shall take effect July 1, 2001.

29

30

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    Florida Senate - 2001                           CS for SB 2168
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2168

  3

  4  Replaces the requirement that financial incentives for
    brownfield redevelopment may include the sales tax increment
  5  rebate for an eligible county owning a significant new
    facility with a requirement for an eligible county in which
  6  there is a significant new facility.

  7  Expands the definition of the significant new facility to mean
    it is owned by a county or a municipality within the county.
  8
    Provides that in case the franchise is relocated or sold, a
  9  portion of proceeds of the sale shall be remitted to the
    state.
10
    Replaces the requirement of actual cost with projected cost
11  for construction, reconstruction, renovation, expansion, or
    rehabilitation of the facility. Revises the form of the
12  private contribution.

13  Allows excess tax rebate funds to be applied toward or set
    aside for the repayment of any bonds.
14
    Requires the eligible county to actively accept and solicit
15  African American and other minority participation in the
    planning, design, construction, building, maintenance, and
16  operation of the significant new facility.

17  Provides that the annual rebate amount may increase or
    decrease based on a certain rebate computation.
18
    Provides that the sales tax rebate ceases once all bonds or
19  other obligations issued to finance the facility are paid in
    full.
20
    Authorizes the South Florida Regional Planning Council to
21  undertake certain responsibilities and activities related, but
    not limited to, rehabilitation of brownfield sites.
22

23

24

25

26

27

28

29

30

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