HB 1391

1	A bill to be entitled
2	An act relating to economic development incentives;
3	amending s. 212.20, F.S.; requiring the Department of
4	Revenue to distribute certain sales tax revenues to the
5	Office of Tourism, Trade, and Economic Development for
6	certain purposes; providing for deposit and use of such
7	proceeds; amending s. 288.095, F.S.; specifying additional
8	program purposes of the Economic Development Incentives
9	Account in the Economic Development Trust Fund; creating
10	s. 288.1259, F.S.; establishing the Super Bowl incremental
11	sales tax incentive program; providing definitions;
12	providing a purpose; requiring the department to determine
13	the incremental increase in certain sales tax revenues
14	attributable to the Super Bowl; requiring the department
15	to deposit amounts from the incremental increase into the
16	Economic Development Incentives Account in the Economic
17	Development Trust Fund; providing for discontinuance of
18	the deposit under certain circumstances; requiring the
19	office to transfer certain remaining moneys in the account
20	to the General Revenue Fund; specifying uses of such
21	incremental increase revenues; providing limitations;
22	providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Subsection (6) of section 212.20, Florida
27	Statutes, is amended to read:
28	212.20  Funds collected, disposition; additional powers of
29	department; operational expense; refund of taxes adjudicated
30	unconstitutionally collected.--
31	(6)  Distribution of all proceeds under this chapter and s.
32	202.18(1)(b) and (2)(b) shall be as follows:
33	(a)  Proceeds from the convention development taxes
34	authorized under s. 212.0305 shall be reallocated to the
35	Convention Development Tax Clearing Trust Fund.
36	(b)  Proceeds from discretionary sales surtaxes imposed
37	pursuant to ss. 212.054 and 212.055 shall be reallocated to the
38	Discretionary Sales Surtax Clearing Trust Fund.
39	(c)  Proceeds from the fees imposed under ss.
40	212.05(1)(h)3. and 212.18(3) shall remain with the General
41	Revenue Fund.
42	(d)  The proceeds of all other taxes and fees imposed
43	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
44	and (2)(b) shall be distributed as follows:
45	1.  In any fiscal year, the greater of $500 million, minus
46	an amount equal to 4.6 percent of the proceeds of the taxes
47	collected pursuant to chapter 201, or 5 percent of all other
48	taxes and fees imposed pursuant to this chapter or remitted
49	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
50	monthly installments into the General Revenue Fund.
51	2.  Two-tenths of one percent shall be transferred to the
52	Ecosystem Management and Restoration Trust Fund to be used for
53	water quality improvement and water restoration projects.
54	3.  After the distribution under subparagraphs 1. and 2.,
55	8.814 percent of the amount remitted by a sales tax dealer
56	located within a participating county pursuant to s. 218.61
57	shall be transferred into the Local Government Half-cent Sales
58	Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
59	be transferred pursuant to this subparagraph to the Local
60	Government Half-cent Sales Tax Clearing Trust Fund shall be
61	reduced by 0.1 percent, and the department shall distribute this
62	amount to the Public Employees Relations Commission Trust Fund
63	less $5,000 each month, which shall be added to the amount
64	calculated in subparagraph 4. and distributed accordingly.
65	4.  After the distribution under subparagraphs 1., 2., and
66	3., 0.095 percent shall be transferred to the Local Government
67	Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
68	to s. 218.65.
69	5.  After the distributions under subparagraphs 1., 2., 3.,
70	and 4., 2.0440 percent of the available proceeds pursuant to
71	this paragraph shall be transferred monthly to the Revenue
72	Sharing Trust Fund for Counties pursuant to s. 218.215.
73	6.  After the distributions under subparagraphs 1., 2., 3.,
74	and 4., 1.3409 percent of the available proceeds pursuant to
75	this paragraph shall be transferred monthly to the Revenue
76	Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
77	the total revenue to be distributed pursuant to this
78	subparagraph is at least as great as the amount due from the
79	Revenue Sharing Trust Fund for Municipalities and the former
80	Municipal Financial Assistance Trust Fund in state fiscal year
81	1999-2000, no municipality shall receive less than the amount
82	due from the Revenue Sharing Trust Fund for Municipalities and
83	the former Municipal Financial Assistance Trust Fund in state
84	fiscal year 1999-2000. If the total proceeds to be distributed
85	are less than the amount received in combination from the
86	Revenue Sharing Trust Fund for Municipalities and the former
87	Municipal Financial Assistance Trust Fund in state fiscal year
88	1999-2000, each municipality shall receive an amount
89	proportionate to the amount it was due in state fiscal year
90	1999-2000.
91	7.  Of the remaining proceeds:
92	a.  In each fiscal year, the sum of $29,915,500 shall be
93	divided into as many equal parts as there are counties in the
94	state, and one part shall be distributed to each county. The
95	distribution among the several counties shall begin each fiscal
96	year on or before January 5th and shall continue monthly for a
97	total of 4 months. If a local or special law required that any
98	moneys accruing to a county in fiscal year 1999-2000 under the
99	then-existing provisions of s. 550.135 be paid directly to the
100	district school board, special district, or a municipal
101	government, such payment shall continue until such time that the
102	local or special law is amended or repealed. The state covenants
103	with holders of bonds or other instruments of indebtedness
104	issued by local governments, special districts, or district
105	school boards prior to July 1, 2000, that it is not the intent
106	of this subparagraph to adversely affect the rights of those
107	holders or relieve local governments, special districts, or
108	district school boards of the duty to meet their obligations as
109	a result of previous pledges or assignments or trusts entered
110	into which obligated funds received from the distribution to
111	county governments under then-existing s. 550.135. This
112	distribution specifically is in lieu of funds distributed under
113	s. 550.135 prior to July 1, 2000.
114	b.  The department shall distribute $166,667 monthly
115	pursuant to s. 288.1162 to each applicant that has been
116	certified as a "facility for a new professional sports
117	franchise" or a "facility for a retained professional sports
118	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
119	distributed monthly by the department to each applicant that has
120	been certified as a "facility for a retained spring training
121	franchise" pursuant to s. 288.1162; however, not more than
122	$208,335 may be distributed monthly in the aggregate to all
123	certified facilities for a retained spring training franchise.
124	Distributions shall begin 60 days following such certification
125	and shall continue for not more than 30 years. Nothing contained
126	in this paragraph shall be construed to allow an applicant
127	certified pursuant to s. 288.1162 to receive more in
128	distributions than actually expended by the applicant for the
129	public purposes provided for in s. 288.1162(6). However, a
130	certified applicant is entitled to receive distributions up to
131	the maximum amount allowable and undistributed under this
132	section for additional renovations and improvements to the
133	facility for the franchise without additional certification.
134	c.  Beginning 30 days after notice by the Office of
135	Tourism, Trade, and Economic Development to the Department of
136	Revenue that an applicant has been certified as the professional
137	golf hall of fame pursuant to s. 288.1168 and is open to the
138	public, $166,667 shall be distributed monthly, for up to 300
139	months, to the applicant.
140	d.  Beginning 30 days after notice by the Office of
141	Tourism, Trade, and Economic Development to the Department of
142	Revenue that the applicant has been certified as the
143	International Game Fish Association World Center facility
144	pursuant to s. 288.1169, and the facility is open to the public,
145	$83,333 shall be distributed monthly, for up to 168 months, to
146	the applicant. This distribution is subject to reduction
147	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
148	made, after certification and before July 1, 2000.
149	8.  The department shall distribute to the Office of
150	Tourism, Trade, and Economic Development the amount identified
151	by the department pursuant to s. 288.1259 as the incremental
152	sales tax amount to be deposited into the Economic Development
153	Incentives Account in the Economic Development Trust Fund and
154	used solely as provided by s. 288.1259.
155	9.8.  All other proceeds shall remain with the General
156	Revenue Fund.
157	Section 2.  Subsection (2) of section 288.095, Florida
158	Statutes, is amended to read:
159	288.095  Economic Development Trust Fund.--
160	(2)  There is created, within the Economic Development
161	Trust Fund, the Economic Development Incentives Account. The
162	Economic Development Incentives Account consists of moneys
163	appropriated to the account for purposes of the tax incentives
164	programs authorized under ss. 288.1045 and 288.106, the Super
165	Bowl incremental sales tax incentives program under s. 288.1259,
166	and local financial support provided under ss. 288.1045 and
167	288.106. Moneys in the Economic Development Incentives Account
168	shall be subject to the provisions of s. 216.301(1)(a).
169	Section 3.  Section 288.1259, Florida Statutes, is created
170	to read:
171	288.1259  Super Bowl incremental sales tax incentive
172	program.--
173	(1)  DEFINITIONS.--As used in this section:
174	(a)  "Account" means the Economic Development Incentives
175	Account in the Economic Development Trust Fund.
176	(b)  "Department" means the Department of Revenue.
177	(c)  "Director" means the executive director of the Office
178	of Tourism, Trade, and Economic Development.
179	(d)  "Endorsing community" means a municipality or county
180	that contains a site selected by the National Football League
181	for a game.
182	(e)  "Event support contract" means a contract executed by
183	an endorsing community and the National Football League.
184	(f)  "Game" means a Super Bowl.
185	(g)  "Local organizing committee" means a corporation or
186	its successor in interest that:
187	1.  Has been authorized by an endorsing community to pursue
188	an application and bid on the applicant's behalf to the National
189	Football League for selection as the site of a game; or
190	2.  With the authorization of an endorsing community, has
191	executed an agreement with the National Football League
192	regarding a bid to host a game.
193	(h)  "Office" means the Office of Tourism, Trade, and
194	Economic Development.
195	(2)  PURPOSE.--The purpose of this section is to provide
196	assurances required by the National Football League and to
197	provide financing for the costs of:
198	(a)  Applying or bidding for selection as the site of the
199	game in this state.
200	(b)  Making the preparations necessary and desirable for
201	the conduct of the game and related activities in this state.
202	(c)  Conducting the game and related activities in this
203	state.
204	(3)  DETERMINATION OF INCREMENTAL SALES TAX INCREASE.--If
205	the National Football League selects a site for a game in this
206	state pursuant to an application by an endorsing community or a
207	local organizing committee acting on behalf of an endorsing
208	community, after the first occurrence of a measurable economic
209	impact in this state as a result of the preparation for the
210	game, as determined by the department, but in no event later
211	than 2 years before the scheduled opening event of the game, the
212	department shall determine for each subsequent calendar quarter,
213	in accordance with procedures developed by the department, the
214	incremental increase in the receipts to the state from the taxes
215	imposed under s. 212.05 that is directly attributable, as
216	determined by the department, to the application or bid for, the
217	preparation for, and the presentation of the game and related
218	events.
219	(4)  DEPOSIT OF INCREMENTAL INCREASE REVENUES.--The
220	department shall deposit into the account the amount determined
221	under subsection (3). The department shall discontinue deposits
222	of the amount determined under subsection (3) at the end of the
223	twelfth calendar month following the month in which the closing
224	event of the game occurs. On January 1 of the second year
225	following the year in which the game is held in this state, the
226	office shall transfer to the General Revenue Fund any money
227	remaining in the account plus any interest earned on those
228	funds.
229	(5)  USE OF REVENUES.--
230	(a)  The office may use the funds deposited into the
231	account pursuant to this section solely to:
232	1.  Fulfill obligations of the endorsing community to the
233	National Football League under an event support contract or any
234	other agreement providing assurances from the office or the
235	endorsing community to the National Football League; or
236	2.  Reimburse the endorsing community for costs incurred by
237	the endorsing community in connection with:
238	a.  Applying or bidding for selection as the site of a game
239	in this state.
240	b.  Making the preparations necessary and desirable for the
241	conduct of the game and related activities in this state.
242	c.  Conducting the game and related activities in this
243	state.
244	(b)  The office may not make a disbursement from the
245	account unless the director of the office certifies that the
246	disbursement is for a purpose for which the endorsing community
247	is obligated in accordance with paragraph (a).
248	Section 4.  This act shall take effect July 1, 2005.

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