Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1886
Barcode 101496
CHAMBER ACTION
Senate House
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03/29/2006 12:59 PM .
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11 The Committee on Commerce and Consumer Services (Aronberg)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraph (d) of subsection (6) of section
19 212.20, Florida Statutes, is amended to read:
20 212.20 Funds collected, disposition; additional powers
21 of department; operational expense; refund of taxes
22 adjudicated unconstitutionally collected.--
23 (6) Distribution of all proceeds under this chapter
24 and s. 202.18(1)(b) and (2)(b) shall be as follows:
25 (d) The proceeds of all other taxes and fees imposed
26 pursuant to this chapter or remitted pursuant to s.
27 202.18(1)(b) and (2)(b) shall be distributed as follows:
28 1. In any fiscal year, the greater of $500 million,
29 minus an amount equal to 4.6 percent of the proceeds of the
30 taxes collected pursuant to chapter 201, or 5 percent of all
31 other taxes and fees imposed pursuant to this chapter or
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1886
Barcode 101496
1 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be
2 deposited in monthly installments into the General Revenue
3 Fund.
4 2. Two-tenths of one percent shall be transferred to
5 the Ecosystem Management and Restoration Trust Fund to be used
6 for water quality improvement and water restoration projects.
7 3. After the distribution under subparagraphs 1. and
8 2., 8.814 percent of the amount remitted by a sales tax dealer
9 located within a participating county pursuant to s. 218.61
10 shall be transferred into the Local Government Half-cent Sales
11 Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
12 be transferred pursuant to this subparagraph to the Local
13 Government Half-cent Sales Tax Clearing Trust Fund shall be
14 reduced by 0.1 percent, and the department shall distribute
15 this amount to the Public Employees Relations Commission Trust
16 Fund less $5,000 each month, which shall be added to the
17 amount calculated in subparagraph 4. and distributed
18 accordingly.
19 4. After the distribution under subparagraphs 1., 2.,
20 and 3., 0.095 percent shall be transferred to the Local
21 Government Half-cent Sales Tax Clearing Trust Fund and
22 distributed pursuant to s. 218.65.
23 5. After the distributions under subparagraphs 1., 2.,
24 3., and 4., 2.0440 percent of the available proceeds pursuant
25 to this paragraph shall be transferred monthly to the Revenue
26 Sharing Trust Fund for Counties pursuant to s. 218.215.
27 6. After the distributions under subparagraphs 1., 2.,
28 3., and 4., 1.3409 percent of the available proceeds pursuant
29 to this paragraph shall be transferred monthly to the Revenue
30 Sharing Trust Fund for Municipalities pursuant to s. 218.215.
31 If the total revenue to be distributed pursuant to this
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1886
Barcode 101496
1 subparagraph is at least as great as the amount due from the
2 Revenue Sharing Trust Fund for Municipalities and the former
3 Municipal Financial Assistance Trust Fund in state fiscal year
4 1999-2000, no municipality shall receive less than the amount
5 due from the Revenue Sharing Trust Fund for Municipalities and
6 the former Municipal Financial Assistance Trust Fund in state
7 fiscal year 1999-2000. If the total proceeds to be distributed
8 are less than the amount received in combination from the
9 Revenue Sharing Trust Fund for Municipalities and the former
10 Municipal Financial Assistance Trust Fund in state fiscal year
11 1999-2000, each municipality shall receive an amount
12 proportionate to the amount it was due in state fiscal year
13 1999-2000.
14 7. Of the remaining proceeds:
15 a. In each fiscal year, the sum of $29,915,500 shall
16 be divided into as many equal parts as there are counties in
17 the state, and one part shall be distributed to each county.
18 The distribution among the several counties shall begin each
19 fiscal year on or before January 5th and shall continue
20 monthly for a total of 4 months. If a local or special law
21 required that any moneys accruing to a county in fiscal year
22 1999-2000 under the then-existing provisions of s. 550.135 be
23 paid directly to the district school board, special district,
24 or a municipal government, such payment shall continue until
25 such time that the local or special law is amended or
26 repealed. The state covenants with holders of bonds or other
27 instruments of indebtedness issued by local governments,
28 special districts, or district school boards prior to July 1,
29 2000, that it is not the intent of this subparagraph to
30 adversely affect the rights of those holders or relieve local
31 governments, special districts, or district school boards of
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1886
Barcode 101496
1 the duty to meet their obligations as a result of previous
2 pledges or assignments or trusts entered into which obligated
3 funds received from the distribution to county governments
4 under then-existing s. 550.135. This distribution specifically
5 is in lieu of funds distributed under s. 550.135 prior to July
6 1, 2000.
7 b. The department shall distribute $166,667 monthly
8 pursuant to s. 288.1162 to each applicant that has been
9 certified as a "facility for a new professional sports
10 franchise" or a "facility for a retained professional sports
11 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
12 distributed monthly by the department to each applicant that
13 has been certified as a "facility for a retained spring
14 training franchise" pursuant to s. 288.1162; however, not more
15 than $416,670 $208,335 may be distributed monthly in the
16 aggregate to all certified facilities for a retained spring
17 training franchise. Distributions shall begin 60 days
18 following such certification and shall continue for not more
19 than 30 years. Nothing contained in this paragraph shall be
20 construed to allow an applicant certified pursuant to s.
21 288.1162 to receive more in distributions than actually
22 expended by the applicant for the public purposes provided for
23 in s. 288.1162(6). However, a certified applicant is entitled
24 to receive distributions up to the maximum amount allowable
25 and undistributed under this section for additional
26 renovations and improvements to the facility for the franchise
27 without additional certification.
28 c. Beginning 30 days after notice by the Office of
29 Tourism, Trade, and Economic Development to the Department of
30 Revenue that an applicant has been certified as the
31 professional golf hall of fame pursuant to s. 288.1168 and is
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1886
Barcode 101496
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 8. All other proceeds shall remain with the General
14 Revenue Fund.
15 Section 2. Paragraph (c) of subsection (5) and
16 subsection (7) of section 288.1162, Florida Statutes, are
17 amended to read:
18 288.1162 Professional sports franchises; spring
19 training franchises; duties.--
20 (5)
21 (c)1. The Office of Tourism, Trade, and Economic
22 Development shall competitively evaluate applications for
23 funding of a facility for a retained spring training
24 franchise. Applications must be submitted by October 1, 2000,
25 with certifications to be made by January 1, 2001. If the
26 number of applicants exceeds five and the aggregate funding
27 request of all applications exceeds $208,335 per month, the
28 office shall rank the applications according to a selection
29 criteria, certifying the highest ranked proposals. The
30 evaluation criteria shall include, with priority given in
31 descending order to the following items:
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1886
Barcode 101496
1 a.1. The intended use of the funds by the applicant,
2 with priority given to the construction of a new facility.
3 b.2. The length of time that the existing franchise
4 has been located in the state, with priority given to
5 retaining franchises that have been in the same location the
6 longest.
7 c.3. The length of time that a facility to be used by
8 a retained spring training franchise has been used by one or
9 more spring training franchises, with priority given to the
10 facility that has been in continuous use as a facility for
11 spring training the longest.
12 d.4. For those teams leasing a spring training
13 facility from a unit of local government, the remaining time
14 on the lease for facilities used by the spring training
15 franchise, with priority given to the shortest time period
16 remaining on the lease.
17 e.5. The duration of the future-use agreement with the
18 retained spring training franchise, with priority given to the
19 future-use agreement having the longest duration.
20 f.6. The amount of the local match, with priority
21 given to the largest percentage of local match proposed.
22 g.7. The net increase of total active recreation space
23 owned by the applying unit of local government following the
24 acquisition of land for the spring training facility, with
25 priority given to the largest percentage increase of total
26 active recreation space.
27 h.8. The location of the facility in a brownfield, an
28 enterprise zone, a community redevelopment area, or other area
29 of targeted development or revitalization included in an Urban
30 Infill Redevelopment Plan, with priority given to facilities
31 located in these areas.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1886
Barcode 101496
1 i.9. The projections on paid attendance attracted by
2 the facility and the proposed effect on the economy of the
3 local community, with priority given to the highest projected
4 paid attendance.
5 2. Beginning July 1, 2006, the Office of Tourism,
6 Trade, and Economic Development shall competitively evaluate
7 applications for funding of facilities for retained spring
8 training franchises in addition to those certified and funded
9 under subparagraph 1. Applications must be submitted by
10 October 1, 2006, with certifications to be made by January 1,
11 2007. The office shall rank the applications according to
12 selection criteria, certifying no more than five proposals.
13 The aggregate funding request of all applicants certified
14 shall not exceed an aggregate funding request of $208,335 per
15 month. The evaluation criteria shall include the following,
16 with priority given in descending order:
17 a. The intended use of the funds by the applicant for
18 acquisition or construction of a new facility.
19 b. The intended use of the funds by the applicant to
20 renovate a facility.
21 c. The length of time that a facility to be used by a
22 retained spring training franchise has been used by one or
23 more spring training franchises, with priority given to the
24 facility that has been in continuous use as a facility for
25 spring training the longest.
26 d. For those teams leasing a spring training facility
27 from a unit of local government, the remaining time on the
28 lease for facilities used by the spring training franchise,
29 with priority given to the shortest time period remaining on
30 the lease. For consideration under this subparagraph, the
31 remaining time on the lease shall not exceed 5 years.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1886
Barcode 101496
1 e. The duration of the future-use agreement with the
2 retained spring training franchise, with priority given to the
3 future-use agreement having the longest duration.
4 f. The amount of the local match, with priority given
5 to the largest percentage of local match proposed.
6 g. The net increase of total active recreation space
7 owned by the applying unit of local government following the
8 acquisition of land for the spring training facility, with
9 priority given to the largest percentage increase of total
10 active recreation space.
11 h. The location of the facility in a brownfield area,
12 an enterprise zone, a community redevelopment area, or another
13 area of targeted development or revitalization included in an
14 urban infill redevelopment plan, with priority given to
15 facilities located in those areas.
16 i. The projections on paid attendance attracted by the
17 facility and the proposed effect on the economy of the local
18 community, with priority given to the highest projected paid
19 attendance.
20 (7) The Office of Tourism, Trade, and Economic
21 Development shall notify the Department of Revenue of any
22 facility certified as a facility for a new professional sports
23 franchise or a facility for a retained professional sports
24 franchise or as a facility for a retained spring training
25 franchise. The Office of Tourism, Trade, and Economic
26 Development shall certify no more than eight facilities as
27 facilities for a new professional sports franchise or as
28 facilities for a retained professional sports franchise and
29 shall certify at least five as facilities for retained spring
30 training franchises, including in such total any facilities
31 certified by the Department of Commerce before July 1, 1996.
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Florida Senate - 2006 COMMITTEE AMENDMENT
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Barcode 101496
1 The number of facilities certified as retained spring training
2 franchises shall be as provided by subsection (5). The office
3 may make no more than one certification for any facility. The
4 office may not certify funding for less than the requested
5 amount to any applicant certified as a facility for a retained
6 spring training franchise.
7 Section 3. This act shall take effect July 1, 2006.
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10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 Delete everything before the enacting clause
13
14 and insert:
15 A bill to be entitled
16 An act relating to facilities for retained
17 spring training franchises; amending s. 212.20,
18 F.S.; revising a limitation on certain
19 distributions to certified facilities for a
20 retained spring training franchise; deleting a
21 provision entitling an applicant to receive
22 certain distributions without additional
23 certification; amending s. 288.1162, F.S.;
24 requiring the Office of Tourism, Trade, and
25 Economic Development to competitively evaluate
26 applications for funding of certain additional
27 facilities; providing application and
28 certification requirements; specifying
29 evaluation criteria; revising the number of
30 certifications of such facilities; providing an
31 effective date.
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