| 1 | A bill to be entitled |
| 2 | An act relating to economic development incentives; |
| 3 | amending s. 212.20, F.S.; providing for distribution of a |
| 4 | portion of revenues from the tax on sales, use, and other |
| 5 | transactions to specified units of local government owning |
| 6 | eligible convention centers; providing limitations; |
| 7 | requiring the Department of Revenue to prescribe certain |
| 8 | forms; providing for future repeal; creating s. 288.1172, |
| 9 | F.S.; providing for certification of units of local |
| 10 | government owning eligible convention centers by the |
| 11 | Office of Tourism, Trade, and Economic Development; |
| 12 | requiring the office to adopt specified rules; providing a |
| 13 | definition; providing requirements for certification; |
| 14 | providing for use of proceeds distributed to units of |
| 15 | local government under the act; providing for revocation |
| 16 | of certification; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Paragraph (d) of subsection (6) of section |
| 21 | 212.20, Florida Statutes, is amended to read: |
| 22 | 212.20 Funds collected, disposition; additional powers of |
| 23 | department; operational expense; refund of taxes adjudicated |
| 24 | unconstitutionally collected.-- |
| 25 | (6) Distribution of all proceeds under this chapter and s. |
| 26 | 202.18(1)(b) and (2)(b) shall be as follows: |
| 27 | (d) The proceeds of all other taxes and fees imposed |
| 28 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
| 29 | and (2)(b) shall be distributed as follows: |
| 30 | 1. In any fiscal year, the greater of $500 million, minus |
| 31 | an amount equal to 4.6 percent of the proceeds of the taxes |
| 32 | collected pursuant to chapter 201, or 5 percent of all other |
| 33 | taxes and fees imposed pursuant to this chapter or remitted |
| 34 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
| 35 | monthly installments into the General Revenue Fund. |
| 36 | 2. Two-tenths of one percent shall be transferred to the |
| 37 | Ecosystem Management and Restoration Trust Fund to be used for |
| 38 | water quality improvement and water restoration projects. |
| 39 | 3. After the distribution under subparagraphs 1. and 2., |
| 40 | 8.814 percent of the amount remitted by a sales tax dealer |
| 41 | located within a participating county pursuant to s. 218.61 |
| 42 | shall be transferred into the Local Government Half-cent Sales |
| 43 | Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to |
| 44 | be transferred pursuant to this subparagraph to the Local |
| 45 | Government Half-cent Sales Tax Clearing Trust Fund shall be |
| 46 | reduced by 0.1 percent, and the department shall distribute this |
| 47 | amount to the Public Employees Relations Commission Trust Fund |
| 48 | less $5,000 each month, which shall be added to the amount |
| 49 | calculated in subparagraph 4. and distributed accordingly. |
| 50 | 4. After the distribution under subparagraphs 1., 2., and |
| 51 | 3., 0.095 percent shall be transferred to the Local Government |
| 52 | Half-cent Sales Tax Clearing Trust Fund and distributed pursuant |
| 53 | to s. 218.65. |
| 54 | 5. After the distributions under subparagraphs 1., 2., 3., |
| 55 | and 4., 2.0440 percent of the available proceeds pursuant to |
| 56 | this paragraph shall be transferred monthly to the Revenue |
| 57 | Sharing Trust Fund for Counties pursuant to s. 218.215. |
| 58 | 6. After the distributions under subparagraphs 1., 2., 3., |
| 59 | and 4., 1.3409 percent of the available proceeds pursuant to |
| 60 | this paragraph shall be transferred monthly to the Revenue |
| 61 | Sharing Trust Fund for Municipalities pursuant to s. 218.215. If |
| 62 | the total revenue to be distributed pursuant to this |
| 63 | subparagraph is at least as great as the amount due from the |
| 64 | Revenue Sharing Trust Fund for Municipalities and the former |
| 65 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 66 | 1999-2000, a no municipality may not shall receive less than the |
| 67 | amount due from the Revenue Sharing Trust Fund for |
| 68 | Municipalities and the former Municipal Financial Assistance |
| 69 | Trust Fund in state fiscal year 1999-2000. If the total proceeds |
| 70 | to be distributed are less than the amount received in |
| 71 | combination from the Revenue Sharing Trust Fund for |
| 72 | Municipalities and the former Municipal Financial Assistance |
| 73 | Trust Fund in state fiscal year 1999-2000, each municipality |
| 74 | shall receive an amount proportionate to the amount it was due |
| 75 | in state fiscal year 1999-2000. |
| 76 | 7. Of the remaining proceeds: |
| 77 | a. In each fiscal year, the sum of $29,915,500 shall be |
| 78 | divided into as many equal parts as there are counties in the |
| 79 | state, and one part shall be distributed to each county. The |
| 80 | distribution among the several counties shall begin each fiscal |
| 81 | year on or before January 5th and shall continue monthly for a |
| 82 | total of 4 months. If a local or special law required that any |
| 83 | moneys accruing to a county in fiscal year 1999-2000 under the |
| 84 | then-existing provisions of s. 550.135 be paid directly to the |
| 85 | district school board, special district, or a municipal |
| 86 | government, such payment shall continue until such time that the |
| 87 | local or special law is amended or repealed. The state covenants |
| 88 | with holders of bonds or other instruments of indebtedness |
| 89 | issued by local governments, special districts, or district |
| 90 | school boards prior to July 1, 2000, that it is not the intent |
| 91 | of this subparagraph to adversely affect the rights of those |
| 92 | holders or relieve local governments, special districts, or |
| 93 | district school boards of the duty to meet their obligations as |
| 94 | a result of previous pledges or assignments or trusts entered |
| 95 | into which obligated funds received from the distribution to |
| 96 | county governments under then-existing s. 550.135. This |
| 97 | distribution specifically is in lieu of funds distributed under |
| 98 | s. 550.135 prior to July 1, 2000. |
| 99 | b. The department shall distribute $166,667 monthly |
| 100 | pursuant to s. 288.1162 to each applicant that has been |
| 101 | certified as a "facility for a new professional sports |
| 102 | franchise" or a "facility for a retained professional sports |
| 103 | franchise" pursuant to s. 288.1162. Up to $41,667 shall be |
| 104 | distributed monthly by the department to each applicant that has |
| 105 | been certified as a "facility for a retained spring training |
| 106 | franchise" pursuant to s. 288.1162; however, not more than |
| 107 | $416,670 may be distributed monthly in the aggregate to all |
| 108 | certified facilities for a retained spring training franchise. |
| 109 | Distributions shall begin 60 days following such certification |
| 110 | and shall continue for not more than 30 years. Nothing contained |
| 111 | in This paragraph does not shall be construed to allow an |
| 112 | applicant certified pursuant to s. 288.1162 to receive more in |
| 113 | distributions than actually expended by the applicant for the |
| 114 | public purposes provided for in s. 288.1162(6). |
| 115 | c. Beginning 30 days after notice by the Office of |
| 116 | Tourism, Trade, and Economic Development to the Department of |
| 117 | Revenue that an applicant has been certified as the professional |
| 118 | golf hall of fame pursuant to s. 288.1168 and is open to the |
| 119 | public, $166,667 shall be distributed monthly, for up to 300 |
| 120 | months, to the applicant. |
| 121 | d. Beginning 30 days after notice by the Office of |
| 122 | Tourism, Trade, and Economic Development to the Department of |
| 123 | Revenue that the applicant has been certified as the |
| 124 | International Game Fish Association World Center facility |
| 125 | pursuant to s. 288.1169, and the facility is open to the public, |
| 126 | $83,333 shall be distributed monthly, for up to 168 months, to |
| 127 | the applicant. This distribution is subject to reduction |
| 128 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall |
| 129 | be made, after certification and before July 1, 2000. |
| 130 | e. The department shall distribute monthly to units of |
| 131 | local government which have been certified as owning eligible |
| 132 | convention centers pursuant to s. 288.1172 an amount equal to 50 |
| 133 | percent of the proceeds defined in this subparagraph which are |
| 134 | received and collected in the previous month by the department |
| 135 | under this chapter and are generated by such eligible convention |
| 136 | centers and remitted on the sales and use tax returns of |
| 137 | eligible convention centers. As used in this sub-subparagraph, |
| 138 | the term "proceeds" is further defined as all applicable sales |
| 139 | taxes collected by an eligible convention center for standard |
| 140 | services provided by center staff to users of the center, |
| 141 | including parking, admission, ticket sales, food services, |
| 142 | utilities services, space rentals, equipment rentals, security |
| 143 | services, decorating services, business services, advertising |
| 144 | services, communications services, exhibit supply sales and |
| 145 | rentals, locksmith services, and sales of gifts and sundries. |
| 146 | The total distribution to each unit of local government may not |
| 147 | exceed $1 million per state fiscal year. However, total |
| 148 | distributions to all units of local government may not exceed $5 |
| 149 | million per state fiscal year, and such distribution shall be |
| 150 | limited exclusively to the taxes collected and remitted under |
| 151 | this chapter. If collections and remittances of eligible |
| 152 | convention centers exceed the $5 million maximum amount |
| 153 | authorized for distribution, the department shall distribute |
| 154 | proceeds to each eligible unit of local government using an |
| 155 | apportionment factor, the numerator of which is the amount |
| 156 | remitted by an eligible convention center and the denominator of |
| 157 | which is the total amount remitted by all eligible convention |
| 158 | centers. The apportionment factor for each eligible convention |
| 159 | center shall be applied to the $5 million maximum amount |
| 160 | authorized for distribution in order to determine the amount |
| 161 | that shall be distributed to each local government unit. The |
| 162 | department shall prescribe forms required to be filed with the |
| 163 | department by eligible convention centers. Distributions shall |
| 164 | begin 60 days following notification of certification by the |
| 165 | Office of Tourism, Trade, and Economic Development pursuant to |
| 166 | s. 288.1172. Distributions shall be used solely to encourage and |
| 167 | provide economic development for the attraction, recruitment, |
| 168 | and retention of corporate headquarters and of high-technology, |
| 169 | manufacturing, research and development, entertainment, and |
| 170 | tourism industries, as designated by the unit of local |
| 171 | government by resolution of its governing body, and to assist |
| 172 | the eligible convention centers in attracting more business and |
| 173 | expanding their offerings, including developing their own events |
| 174 | and shows. Distributions may not be used to encourage or |
| 175 | otherwise provide incentives or payments to existing businesses |
| 176 | that have offices within the state for the purpose of relocating |
| 177 | those offices to another location within the state. This sub- |
| 178 | subparagraph is repealed on June 30, 2010. |
| 179 | 8. All other proceeds shall remain with the General |
| 180 | Revenue Fund. |
| 181 | Section 2. Section 288.1172, Florida Statutes, is created |
| 182 | to read: |
| 183 | 288.1172 Convention centers owned by units of local |
| 184 | government; certification as owning eligible convention centers; |
| 185 | duties.-- |
| 186 | (1) The Office of Tourism, Trade, and Economic Development |
| 187 | shall serve as the state agency for screening applicants for |
| 188 | state funding pursuant to s. 212.20(6)(d)7.e. and for certifying |
| 189 | an applicant as owning an eligible convention center. |
| 190 | (2) The Office of Tourism, Trade, and Economic Development |
| 191 | shall adopt rules pursuant to ss. 120.536(1) and 120.54 for the |
| 192 | receipt and processing of applications for funding pursuant to |
| 193 | s. 212.20(6)(d)7.e. |
| 194 | (3) As used in this section, the term "eligible convention |
| 195 | center" means a publicly owned facility having exhibition space |
| 196 | in excess of 30,000 square feet, the primary function of which |
| 197 | is to host meetings, conventions, or trade shows. |
| 198 | (4) Before certifying an applicant as owning an eligible |
| 199 | convention center, the Office of Tourism, Trade, and Economic |
| 200 | Development must determine that: |
| 201 | (a) The unit of local government, as defined in s. |
| 202 | 218.369, owns an eligible convention center. |
| 203 | (b) The convention center contains more than 30,000 square |
| 204 | feet of exhibit space. |
| 205 | (c) The unit of local government in which the convention |
| 206 | center is located has certified by resolution after a public |
| 207 | hearing that the application serves a public purpose pursuant to |
| 208 | subsection (7). |
| 209 | (d) The convention center is located in a county that is |
| 210 | levying a tourist development tax pursuant to s. 125.0104. |
| 211 | (5) Upon certification of an applicant, the Office of |
| 212 | Tourism, Trade, and Economic Development shall notify the |
| 213 | executive director of the Department of Revenue of such |
| 214 | certification by means of an official letter granting |
| 215 | certification. The Department of Revenue shall not begin |
| 216 | distributing proceeds until 60 days following notice by the |
| 217 | Office of Tourism, Trade, and Economic Development that a unit |
| 218 | of local government has been certified as owning an eligible |
| 219 | convention center. |
| 220 | (6) An applicant that has previously been certified under |
| 221 | any provision of this section and that received proceeds under |
| 222 | such certification is ineligible for an additional |
| 223 | certification. |
| 224 | (7) A unit of local government which is certified as |
| 225 | owning an eligible convention center may use proceeds provided |
| 226 | pursuant to s. 212.20(6)(d)7.e. for any of the following |
| 227 | purposes or combination thereof: |
| 228 | (a) To fund the installation of renewable energy |
| 229 | technologies, as defined in s. 377.803, for use at the |
| 230 | qualifying convention center; |
| 231 | (b) To encourage and provide economic development for |
| 232 | attracting, recruiting, and retaining corporate headquarters and |
| 233 | high-technology, manufacturing, research and development, |
| 234 | entertainment, and tourism industries, as designated by the unit |
| 235 | of local government by resolution of its governing body; or |
| 236 | (c) To assist the eligible convention center in attracting |
| 237 | more business and expanding its offerings, including developing |
| 238 | its own events and shows. |
| 239 | (8) Failure to use the proceeds as provided in this |
| 240 | section is grounds for revoking certification. |
| 241 | (9) This section is repealed on June 30, 2010. |
| 242 | Section 3. This act shall take effect July 1, 2007. |