HB 1287CS

CHAMBER ACTION



1The Tourism Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to professional sports franchises;
8amending s. 212.20, F.S.; revising a limitation on monthly
9aggregate distributions to certified facilities for a
10retained spring training franchise; deleting provisions
11with respect to the entitlement of certified applicants to
12receive distributions for additional renovations and
13improvements to a facility without additional
14certification; amending s. 288.1162, F.S.; requiring a
15verified copy of a binding agreement for payment of cost
16overruns as prerequisite for certification under certain
17circumstances; providing procedure for certification of
18additional facilities for a retained spring training
19franchise; providing for application and selection;
20establishing maximum number of certifications and funding;
21providing evaluation criteria; clarifying the number of
22certifications of facilities for retained spring training
23franchises; increasing the number of facilities certified
24by the Office of Tourism, Trade, and Economic Development
25as facilities for a new professional sports franchise or
26as facilities for a retained professional sports
27franchise; providing an additional exception to
28disqualification for certification of an applicant when
29the franchise formed the basis of a previous
30certification; providing that payments to a certified
31applicant may not extend beyond the period for which the
32original certification was issued; specifying the date on
33which an applicant certified after the effective date of
34the act may receive disbursements; providing an effective
35date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Paragraph (d) of subsection (6) of section
40212.20, Florida Statutes, is amended to read:
41     212.20  Funds collected, disposition; additional powers of
42department; operational expense; refund of taxes adjudicated
43unconstitutionally collected.--
44     (6)  Distribution of all proceeds under this chapter and s.
45202.18(1)(b) and (2)(b) shall be as follows:
46     (d)  The proceeds of all other taxes and fees imposed
47pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
48and (2)(b) shall be distributed as follows:
49     1.  In any fiscal year, the greater of $500 million, minus
50an amount equal to 4.6 percent of the proceeds of the taxes
51collected pursuant to chapter 201, or 5 percent of all other
52taxes and fees imposed pursuant to this chapter or remitted
53pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
54monthly installments into the General Revenue Fund.
55     2.  Two-tenths of one percent shall be transferred to the
56Ecosystem Management and Restoration Trust Fund to be used for
57water quality improvement and water restoration projects.
58     3.  After the distribution under subparagraphs 1. and 2.,
598.814 percent of the amount remitted by a sales tax dealer
60located within a participating county pursuant to s. 218.61
61shall be transferred into the Local Government Half-cent Sales
62Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
63be transferred pursuant to this subparagraph to the Local
64Government Half-cent Sales Tax Clearing Trust Fund shall be
65reduced by 0.1 percent, and the department shall distribute this
66amount to the Public Employees Relations Commission Trust Fund
67less $5,000 each month, which shall be added to the amount
68calculated in subparagraph 4. and distributed accordingly.
69     4.  After the distribution under subparagraphs 1., 2., and
703., 0.095 percent shall be transferred to the Local Government
71Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
72to s. 218.65.
73     5.  After the distributions under subparagraphs 1., 2., 3.,
74and 4., 2.0440 percent of the available proceeds pursuant to
75this paragraph shall be transferred monthly to the Revenue
76Sharing Trust Fund for Counties pursuant to s. 218.215.
77     6.  After the distributions under subparagraphs 1., 2., 3.,
78and 4., 1.3409 percent of the available proceeds pursuant to
79this paragraph shall be transferred monthly to the Revenue
80Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
81the total revenue to be distributed pursuant to this
82subparagraph is at least as great as the amount due from the
83Revenue Sharing Trust Fund for Municipalities and the former
84Municipal Financial Assistance Trust Fund in state fiscal year
851999-2000, no municipality shall receive less than the amount
86due from the Revenue Sharing Trust Fund for Municipalities and
87the former Municipal Financial Assistance Trust Fund in state
88fiscal year 1999-2000. If the total proceeds to be distributed
89are less than the amount received in combination from the
90Revenue Sharing Trust Fund for Municipalities and the former
91Municipal Financial Assistance Trust Fund in state fiscal year
921999-2000, each municipality shall receive an amount
93proportionate to the amount it was due in state fiscal year
941999-2000.
95     7.  Of the remaining proceeds:
96     a.  In each fiscal year, the sum of $29,915,500 shall be
97divided into as many equal parts as there are counties in the
98state, and one part shall be distributed to each county. The
99distribution among the several counties shall begin each fiscal
100year on or before January 5th and shall continue monthly for a
101total of 4 months. If a local or special law required that any
102moneys accruing to a county in fiscal year 1999-2000 under the
103then-existing provisions of s. 550.135 be paid directly to the
104district school board, special district, or a municipal
105government, such payment shall continue until such time that the
106local or special law is amended or repealed. The state covenants
107with holders of bonds or other instruments of indebtedness
108issued by local governments, special districts, or district
109school boards prior to July 1, 2000, that it is not the intent
110of this subparagraph to adversely affect the rights of those
111holders or relieve local governments, special districts, or
112district school boards of the duty to meet their obligations as
113a result of previous pledges or assignments or trusts entered
114into which obligated funds received from the distribution to
115county governments under then-existing s. 550.135. This
116distribution specifically is in lieu of funds distributed under
117s. 550.135 prior to July 1, 2000.
118     b.  The department shall distribute $166,667 monthly
119pursuant to s. 288.1162 to each applicant that has been
120certified as a "facility for a new professional sports
121franchise" or a "facility for a retained professional sports
122franchise" pursuant to s. 288.1162. Up to $41,667 shall be
123distributed monthly by the department to each applicant that has
124been certified as a "facility for a retained spring training
125franchise" pursuant to s. 288.1162; however, not more than
126$333,336 $208,335 may be distributed monthly in the aggregate to
127all certified facilities for a retained spring training
128franchise. Distributions shall begin 60 days following such
129certification and shall continue for not more than 30 years.
130Nothing contained in this paragraph shall be construed to allow
131an applicant certified pursuant to s. 288.1162 to receive more
132in distributions than actually expended by the applicant for the
133public purposes provided for in s. 288.1162(6). However, a
134certified applicant is entitled to receive distributions up to
135the maximum amount allowable and undistributed under this
136section for additional renovations and improvements to the
137facility for the franchise without additional certification.
138     c.  Beginning 30 days after notice by the Office of
139Tourism, Trade, and Economic Development to the Department of
140Revenue that an applicant has been certified as the professional
141golf hall of fame pursuant to s. 288.1168 and is open to the
142public, $166,667 shall be distributed monthly, for up to 300
143months, to the applicant.
144     d.  Beginning 30 days after notice by the Office of
145Tourism, Trade, and Economic Development to the Department of
146Revenue that the applicant has been certified as the
147International Game Fish Association World Center facility
148pursuant to s. 288.1169, and the facility is open to the public,
149$83,333 shall be distributed monthly, for up to 168 months, to
150the applicant. This distribution is subject to reduction
151pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
152made, after certification and before July 1, 2000.
153     8.  All other proceeds shall remain with the General
154Revenue Fund.
155     Section 2.  Paragraph (h) of subsection (4) of section
156288.1162, Florida Statutes, is redesignated as paragraph (i), a
157new paragraph (h) is added to said subsection, and paragraph (c)
158of subsection (5) and subsections (7) and (9) of section
159288.1162, Florida Statutes, are amended, to read:
160     288.1162  Professional sports franchises; spring training
161franchises; duties.--
162     (4)  Prior to certifying an applicant as a "facility for a
163new professional sports franchise" or a "facility for a retained
164professional sports franchise," the Office of Tourism, Trade,
165and Economic Development must determine that:
166     (h)  The applicant for a facility for a new professional
167sports franchise has a verified copy of a binding agreement with
168the new professional sports franchise that requires the
169franchise to pay for any cost overrun when the franchise was
170used as the basis for the original certification of the
171applicant described in paragraph (9)(a) and is the basis for the
172current certification request.
173     (i)(h)  No applicant previously certified under any
174provision of this section who has received funding under such
175certification shall be eligible for an additional certification.
176     (5)
177     (c)1.  The Office of Tourism, Trade, and Economic
178Development shall competitively evaluate applications for
179funding of a facility for a retained spring training franchise.
180Applications must be submitted by October 1, 2000, with
181certifications to be made by January 1, 2001. If the number of
182applicants exceeds five and the aggregate funding request of all
183applications exceeds $208,335 per month, the office shall rank
184the applications according to a selection criteria, certifying
185the highest ranked proposals. The evaluation criteria shall
186include, with priority given in descending order to the
187following items:
188     a.1.  The intended use of the funds by the applicant, with
189priority given to the construction of a new facility.
190     b.2.  The length of time that the existing franchise has
191been located in the state, with priority given to retaining
192franchises that have been in the same location the longest.
193     c.3.  The length of time that a facility to be used by a
194retained spring training franchise has been used by one or more
195spring training franchises, with priority given to a facility
196that has been in continuous use as a facility for spring
197training the longest.
198     d.4.  For those teams leasing a spring training facility
199from a unit of local government, the remaining time on the lease
200for facilities used by the spring training franchise, with
201priority given to the shortest time period remaining on the
202lease.
203     e.5.  The duration of the future-use agreement with the
204retained spring training franchise, with priority given to the
205future-use agreement having the longest duration.
206     f.6.  The amount of the local match, with priority given to
207the largest percentage of local match proposed.
208     g.7.  The net increase of total active recreation space
209owned by the applying unit of local government following the
210acquisition of land for the spring training facility, with
211priority given to the largest percentage increase of total
212active recreation space.
213     h.8.  The location of the facility in a brownfield, an
214enterprise zone, a community redevelopment area, or other area
215of targeted development or revitalization included in an Urban
216Infill Redevelopment Plan, with priority given to facilities
217located in these areas.
218     i.9.  The projections on paid attendance attracted by the
219facility and the proposed effect on the economy of the local
220community, with priority given to the highest projected paid
221attendance.
222     2.  Beginning July 1, 2005, the Office of Tourism, Trade,
223and Economic Development shall competitively evaluate
224applications for funding of facilities for retained spring
225training franchises in addition to those certified and funded
226under subparagraph 1. Applications must be submitted by October
2271, 2005, with certifications to be made by January 1, 2006. The
228office shall rank the applications according to selection
229criteria, certifying no more than three proposals. The aggregate
230funding request of all applicants certified shall not exceed
231$125,001 per month. The evaluation criteria shall include the
232following, with priority given in descending order:
233     a.  The intended use of the funds by the applicant for
234acquisition or construction of a new facility.
235     b.  The intended use of the funds by the applicant to
236renovate a facility.
237     c.  The length of time that a facility to be used by a
238retained spring training franchise has been used by one or more
239spring training franchises, with priority given to a facility
240that has been in continuous use as a facility for spring
241training the longest.
242     d.  For those teams leasing a spring training facility from
243a unit of local government, the remaining time on the lease for
244facilities used by the spring training franchise, with priority
245given to the shortest time period remaining on the lease. For
246consideration under this subparagraph, the remaining time on the
247lease shall not exceed 4 years.
248     e.  The duration of the future-use agreement with the
249retained spring training franchise, with priority given to the
250future-use agreement having the longest duration.
251     f.  The amount of the local match, with priority given to
252the largest percentage of local match proposed.
253     g.  The net increase of total active recreation space owned
254by the applying unit of local government following the
255acquisition of land for the spring training facility, with
256priority given to the largest percentage increase of total
257active recreation space.
258     h.  The location of the facility in a brownfield area, an
259enterprise zone, a community redevelopment area, or another area
260of targeted development or revitalization included in an Urban
261Infill Redevelopment Plan, with priority given to facilities
262located in those areas.
263     i.  The projections on paid attendance attracted by the
264facility and the proposed effect on the economy of the local
265community, with priority given to the highest projected paid
266attendance.
267     (7)  The Office of Tourism, Trade, and Economic Development
268shall notify the Department of Revenue of any facility certified
269as a facility for a new professional sports franchise or a
270facility for a retained professional sports franchise or as a
271facility for a retained spring training franchise. The Office of
272Tourism, Trade, and Economic Development shall certify no more
273than nine eight facilities as facilities for a new professional
274sports franchise or as facilities for a retained professional
275sports franchise and shall certify at least five as facilities
276for retained spring training franchises, including in such total
277any facilities certified by the Department of Commerce before
278July 1, 1996. The number of certifications of facilities for
279retained spring training franchises shall be pursuant to
280subsection (5). The office may make no more than one
281certification for any facility. The office may not certify
282funding for less than the requested amount to any applicant
283certified as a facility for a retained spring training
284franchise.
285     (9)(a)  An applicant is not qualified for certification
286under this section if the franchise formed the basis for a
287previous certification, unless:
288     1.  The previous certification was withdrawn by the
289facility or invalidated by the Office of Tourism, Trade, and
290Economic Development or the Department of Commerce before any
291funds were distributed pursuant to s. 212.20; or.
292     2.  The previous certification was for an applicant that
293served as the home facility for two professional sports
294franchises and the franchise was used as a basis for the
295certification of a new applicant. Notwithstanding any other
296provision of this section, the franchise continuing to use the
297original applicant shall be deemed the franchise forming the
298basis of the previous certification and the previous
299certification shall continue to apply for the time period
300permitted from the original date of certification.
301     (b)  This subsection does not disqualify an applicant if
302the previous certification occurred between May 23, 1993, and
303May 25, 1993; however, any funds to be distributed pursuant to
304s. 212.20 for the second certification shall be offset by the
305amount distributed to the previous certified facility.
306Distribution of funds for the second certification shall not be
307made until all amounts payable for the first certification have
308been distributed.
309     (c)  Payments to a certified applicant may not extend
310beyond the period for which the original certification was
311issued.
312     Section 3.  Notwithstanding any other provision of law, an
313applicant that is certified after the effective date of this act
314pursuant to s. 288.1162, Florida Statutes, by the Office of
315Tourism, Trade, and Economic Development as a facility for a new
316professional sports franchise or a facility for a retained
317professional sports franchise may not receive disbursements
318pursuant to s. 212.20(6)(d)7.b., Florida Statutes, until July 1,
3192006.
320     Section 4.  This act shall take effect upon becoming a law.


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