| 1 | A bill to be entitled |
| 2 | An act relating to professional sports franchises; |
| 3 | amending ss. 14.2015, 212.20, and 218.64, F.S., relating |
| 4 | to the Office of Tourism, Trade, and Economic Development, |
| 5 | the distribution of certain tax proceeds, and the |
| 6 | allocation of a portion of the local government half-cent |
| 7 | sales tax; conforming provisions to changes made by the |
| 8 | act; conforming cross-references; amending s. 288.1162, |
| 9 | F.S.; deleting provisions relating to the certification |
| 10 | and funding of facilities for spring training franchises; |
| 11 | authorizing the Auditor General to conduct audits to |
| 12 | verify whether certain funds for professional sports |
| 13 | franchises are used as required by law; requiring the |
| 14 | Auditor General to notify the Department of Revenue if the |
| 15 | funds are not used as required by law; creating s. |
| 16 | 288.11621, F.S.; authorizing certain units of local |
| 17 | government to apply for certification to receive state |
| 18 | funding for a facility for a spring training franchise; |
| 19 | providing definitions; providing eligibility requirements; |
| 20 | providing criteria to competitively evaluate applications |
| 21 | for certification; requiring a certified applicant to use |
| 22 | the funds awarded for specified public purposes and place |
| 23 | unexpended funds in a trust fund; authorizing a certified |
| 24 | applicant to request a suspension of the distribution of |
| 25 | funds for a specified period under certain circumstances; |
| 26 | requiring the expenditure of funds by certain certified |
| 27 | applicants within a specified period; requiring the |
| 28 | completion of certain spring training facility projects |
| 29 | within a specified period; requiring certified applicants |
| 30 | to submit annual reports to the Office of Tourism, Trade, |
| 31 | and Economic Development; requiring the office to |
| 32 | decertify applicants under certain circumstances; |
| 33 | providing for delay in decertification proceedings for |
| 34 | local governments certified before a specified date under |
| 35 | certain circumstances; providing for review of the |
| 36 | office's notice of intent to decertify an applicant; |
| 37 | requiring an applicant to repay unencumbered state funds |
| 38 | and interest after decertification; requiring the office |
| 39 | to develop a strategic plan relating to baseball spring |
| 40 | training activities; requiring the office to adopt rules; |
| 41 | authorizing the Auditor General to conduct audits to |
| 42 | verify whether certified funds for baseball spring |
| 43 | training facilities are used as required by law; requiring |
| 44 | the Auditor General to notify the Department of Revenue if |
| 45 | the funds are not used as required by law; amending s. |
| 46 | 288.1229, F.S.; providing that the Office of Tourism, |
| 47 | Trade, and Economic Development may authorize a direct- |
| 48 | support organization to assist in the retention of |
| 49 | professional sports franchises; providing an effective |
| 50 | date. |
| 51 |
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| 52 | Be It Enacted by the Legislature of the State of Florida: |
| 53 |
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| 54 | Section 1. Paragraph (f) of subsection (2) of section |
| 55 | 14.2015, Florida Statutes, is amended to read: |
| 56 | 14.2015 Office of Tourism, Trade, and Economic |
| 57 | Development; creation; powers and duties.-- |
| 58 | (2) The purpose of the Office of Tourism, Trade, and |
| 59 | Economic Development is to assist the Governor in working with |
| 60 | the Legislature, state agencies, business leaders, and economic |
| 61 | development professionals to formulate and implement coherent |
| 62 | and consistent policies and strategies designed to provide |
| 63 | economic opportunities for all Floridians. To accomplish such |
| 64 | purposes, the Office of Tourism, Trade, and Economic Development |
| 65 | shall: |
| 66 | (f)1. Administer the Florida Enterprise Zone Act under ss. |
| 67 | 290.001-290.016, the community contribution tax credit program |
| 68 | under ss. 220.183 and 624.5105, the tax refund program for |
| 69 | qualified target industry businesses under s. 288.106, the tax- |
| 70 | refund program for qualified defense contractors and space |
| 71 | flight business contractors under s. 288.1045, contracts for |
| 72 | transportation projects under s. 288.063, the sports franchise |
| 73 | facility programs program under ss. 288.1162 and 288.11621 s. |
| 74 | 288.1162, the professional golf hall of fame facility program |
| 75 | under s. 288.1168, the expedited permitting process under s. |
| 76 | 403.973, the Rural Community Development Revolving Loan Fund |
| 77 | under s. 288.065, the Regional Rural Development Grants Program |
| 78 | under s. 288.018, the Certified Capital Company Act under s. |
| 79 | 288.99, the Florida State Rural Development Council, the Rural |
| 80 | Economic Development Initiative, and other programs that are |
| 81 | specifically assigned to the office by law, by the |
| 82 | appropriations process, or by the Governor. Notwithstanding any |
| 83 | other provisions of law, the office may expend interest earned |
| 84 | from the investment of program funds deposited in the Grants and |
| 85 | Donations Trust Fund to contract for the administration of the |
| 86 | programs, or portions of the programs, enumerated in this |
| 87 | paragraph or assigned to the office by law, by the |
| 88 | appropriations process, or by the Governor. Such expenditures |
| 89 | shall be subject to review under chapter 216. |
| 90 | 2. The office may enter into contracts in connection with |
| 91 | the fulfillment of its duties concerning the Florida First |
| 92 | Business Bond Pool under chapter 159, tax incentives under |
| 93 | chapters 212 and 220, tax incentives under the Certified Capital |
| 94 | Company Act in chapter 288, foreign offices under chapter 288, |
| 95 | the Enterprise Zone program under chapter 290, the Seaport |
| 96 | Employment Training program under chapter 311, the Florida |
| 97 | Professional Sports Team License Plates under chapter 320, |
| 98 | Spaceport Florida under chapter 331, Expedited Permitting under |
| 99 | chapter 403, and in carrying out other functions that are |
| 100 | specifically assigned to the office by law, by the |
| 101 | appropriations process, or by the Governor. |
| 102 | Section 2. Paragraph (d) of subsection (6) of section |
| 103 | 212.20, Florida Statutes, is amended to read: |
| 104 | 212.20 Funds collected, disposition; additional powers of |
| 105 | department; operational expense; refund of taxes adjudicated |
| 106 | unconstitutionally collected.-- |
| 107 | (6) Distribution of all proceeds under this chapter and s. |
| 108 | 202.18(1)(b) and (2)(b) shall be as follows: |
| 109 | (d) The proceeds of all other taxes and fees imposed |
| 110 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
| 111 | and (2)(b) shall be distributed as follows: |
| 112 | 1. In any fiscal year, the greater of $500 million, minus |
| 113 | an amount equal to 4.6 percent of the proceeds of the taxes |
| 114 | collected pursuant to chapter 201, or 5 percent of all other |
| 115 | taxes and fees imposed pursuant to this chapter or remitted |
| 116 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
| 117 | monthly installments into the General Revenue Fund. |
| 118 | 2. Two-tenths of one percent shall be transferred to the |
| 119 | Ecosystem Management and Restoration Trust Fund to be used for |
| 120 | water quality improvement and water restoration projects. |
| 121 | 3. After the distribution under subparagraphs 1. and 2., |
| 122 | 8.814 percent of the amount remitted by a sales tax dealer |
| 123 | located within a participating county pursuant to s. 218.61 |
| 124 | shall be transferred into the Local Government Half-cent Sales |
| 125 | Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to |
| 126 | be transferred pursuant to this subparagraph to the Local |
| 127 | Government Half-cent Sales Tax Clearing Trust Fund shall be |
| 128 | reduced by 0.1 percent, and the department shall distribute this |
| 129 | amount to the Public Employees Relations Commission Trust Fund |
| 130 | less $5,000 each month, which shall be added to the amount |
| 131 | calculated in subparagraph 4. and distributed accordingly. |
| 132 | 4. After the distribution under subparagraphs 1., 2., and |
| 133 | 3., 0.095 percent shall be transferred to the Local Government |
| 134 | Half-cent Sales Tax Clearing Trust Fund and distributed pursuant |
| 135 | to s. 218.65. |
| 136 | 5. After the distributions under subparagraphs 1., 2., 3., |
| 137 | and 4., 2.0440 percent of the available proceeds pursuant to |
| 138 | this paragraph shall be transferred monthly to the Revenue |
| 139 | Sharing Trust Fund for Counties pursuant to s. 218.215. |
| 140 | 6. After the distributions under subparagraphs 1., 2., 3., |
| 141 | and 4., 1.3409 percent of the available proceeds pursuant to |
| 142 | this paragraph shall be transferred monthly to the Revenue |
| 143 | Sharing Trust Fund for Municipalities pursuant to s. 218.215. If |
| 144 | the total revenue to be distributed pursuant to this |
| 145 | subparagraph is at least as great as the amount due from the |
| 146 | Revenue Sharing Trust Fund for Municipalities and the former |
| 147 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 148 | 1999-2000, no municipality shall receive less than the amount |
| 149 | due from the Revenue Sharing Trust Fund for Municipalities and |
| 150 | the former Municipal Financial Assistance Trust Fund in state |
| 151 | fiscal year 1999-2000. If the total proceeds to be distributed |
| 152 | are less than the amount received in combination from the |
| 153 | Revenue Sharing Trust Fund for Municipalities and the former |
| 154 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 155 | 1999-2000, each municipality shall receive an amount |
| 156 | proportionate to the amount it was due in state fiscal year |
| 157 | 1999-2000. |
| 158 | 7. Of the remaining proceeds: |
| 159 | a. In each fiscal year, the sum of $29,915,500 shall be |
| 160 | divided into as many equal parts as there are counties in the |
| 161 | state, and one part shall be distributed to each county. The |
| 162 | distribution among the several counties shall begin each fiscal |
| 163 | year on or before January 5th and shall continue monthly for a |
| 164 | total of 4 months. If a local or special law required that any |
| 165 | moneys accruing to a county in fiscal year 1999-2000 under the |
| 166 | then-existing provisions of s. 550.135 be paid directly to the |
| 167 | district school board, special district, or a municipal |
| 168 | government, such payment shall continue until such time that the |
| 169 | local or special law is amended or repealed. The state covenants |
| 170 | with holders of bonds or other instruments of indebtedness |
| 171 | issued by local governments, special districts, or district |
| 172 | school boards prior to July 1, 2000, that it is not the intent |
| 173 | of this subparagraph to adversely affect the rights of those |
| 174 | holders or relieve local governments, special districts, or |
| 175 | district school boards of the duty to meet their obligations as |
| 176 | a result of previous pledges or assignments or trusts entered |
| 177 | into which obligated funds received from the distribution to |
| 178 | county governments under then-existing s. 550.135. This |
| 179 | distribution specifically is in lieu of funds distributed under |
| 180 | s. 550.135 prior to July 1, 2000. |
| 181 | b. The department shall distribute $166,667 monthly |
| 182 | pursuant to s. 288.1162 to each applicant that has been |
| 183 | certified as a facility for a new or retained professional |
| 184 | sports franchise "facility for a new professional sports |
| 185 | franchise" or a "facility for a retained professional sports |
| 186 | franchise" pursuant to s. 288.1162. Up to $41,667 shall be |
| 187 | distributed monthly by the department to each certified |
| 188 | applicant as defined in s. 288.11621 for a facility for a |
| 189 | retained spring training franchise. that has been certified as a |
| 190 | "facility for a retained spring training franchise" pursuant to |
| 191 | s. 288.1162; However, not more than $416,670 may be distributed |
| 192 | monthly in the aggregate to all certified applicants for |
| 193 | facilities for a retained spring training franchises franchise. |
| 194 | Distributions shall begin 60 days after following such |
| 195 | certification and shall continue for not more than 30 years, |
| 196 | except as otherwise provided in s. 288.11621. A certified |
| 197 | applicant identified in this sub-subparagraph may not Nothing |
| 198 | contained in this paragraph shall be construed to allow an |
| 199 | applicant certified pursuant to s. 288.1162 to receive more in |
| 200 | distributions than actually expended by the applicant for the |
| 201 | public purposes provided for in s. 288.1162(5) or s. |
| 202 | 288.11621(3) s. 288.1162(6). |
| 203 | c. Beginning 30 days after notice by the Office of |
| 204 | Tourism, Trade, and Economic Development to the Department of |
| 205 | Revenue that an applicant has been certified as the professional |
| 206 | golf hall of fame pursuant to s. 288.1168 and is open to the |
| 207 | public, $166,667 shall be distributed monthly, for up to 300 |
| 208 | months, to the applicant. |
| 209 | d. Beginning 30 days after notice by the Office of |
| 210 | Tourism, Trade, and Economic Development to the Department of |
| 211 | Revenue that the applicant has been certified as the |
| 212 | International Game Fish Association World Center facility |
| 213 | pursuant to s. 288.1169, and the facility is open to the public, |
| 214 | $83,333 shall be distributed monthly, for up to 168 months, to |
| 215 | the applicant. This distribution is subject to reduction |
| 216 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall be |
| 217 | made, after certification and before July 1, 2000. |
| 218 | 8. All other proceeds shall remain with the General |
| 219 | Revenue Fund. |
| 220 | Section 3. Section 218.64, Florida Statutes, is amended to |
| 221 | read: |
| 222 | 218.64 Local government half-cent sales tax; uses; |
| 223 | limitations.-- |
| 224 | (1) The proportion of the local government half-cent sales |
| 225 | tax received by a county government based on two-thirds of the |
| 226 | incorporated area population shall be deemed countywide revenues |
| 227 | and shall be expended only for countywide tax relief or |
| 228 | countywide programs. The remaining county government portion |
| 229 | shall be deemed county revenues derived on behalf of the |
| 230 | unincorporated area but may be expended on a countywide basis. |
| 231 | (2) Municipalities shall expend their portions of the |
| 232 | local government half-cent sales tax only for municipality-wide |
| 233 | programs or for municipality-wide property tax or municipal |
| 234 | utility tax relief. All utility tax rate reductions afforded by |
| 235 | participation in the local government half-cent sales tax shall |
| 236 | be applied uniformly across all types of taxed utility services. |
| 237 | (3) Subject to ordinances enacted by the majority of the |
| 238 | members of the county governing authority and by the majority of |
| 239 | the members of the governing authorities of municipalities |
| 240 | representing at least 50 percent of the municipal population of |
| 241 | such county, counties may use up to $2 million annually of the |
| 242 | local government half-cent sales tax allocated to that county |
| 243 | for funding for any of the following applicants: |
| 244 | (a) A certified applicant as a facility for a new or |
| 245 | retained professional sports franchise under "facility for a new |
| 246 | professional sports franchise ," a "facility for a retained |
| 247 | professional sports franchise," or a "facility for a retained |
| 248 | spring training franchise," as provided for in s. 288.1162 or a |
| 249 | certified applicant as defined s. 288.11621 for a facility for a |
| 250 | spring training franchise. It is the Legislature's intent that |
| 251 | the provisions of s. 288.1162, including, but not limited to, |
| 252 | the evaluation process by the Office of Tourism, Trade, and |
| 253 | Economic Development except for the limitation on the number of |
| 254 | certified applicants or facilities as provided in that section |
| 255 | and the restrictions set forth in s. 288.1162(8) s. 288.1162(9), |
| 256 | shall apply to an applicant's facility to be funded by local |
| 257 | government as provided in this subsection. |
| 258 | (b) A certified applicant as a "motorsport entertainment |
| 259 | complex," as provided for in s. 288.1171. Funding for each |
| 260 | franchise or motorsport complex shall begin 60 days after |
| 261 | certification and shall continue for not more than 30 years. |
| 262 | (4) A local government is authorized to pledge proceeds of |
| 263 | the local government half-cent sales tax for the payment of |
| 264 | principal and interest on any capital project. |
| 265 | Section 4. Section 288.1162, Florida Statutes, is amended |
| 266 | to read: |
| 267 | 288.1162 Professional sports franchises; spring training |
| 268 | franchises; duties.-- |
| 269 | (1) The Office of Tourism, Trade, and Economic Development |
| 270 | shall serve as the state agency for screening applicants for |
| 271 | state funding under pursuant to s. 212.20 and for certifying an |
| 272 | applicant as a facility for a new or retained professional |
| 273 | sports franchise. "facility for a new professional sports |
| 274 | franchise," a "facility for a retained professional sports |
| 275 | franchise," or a "facility for a retained spring training |
| 276 | franchise." |
| 277 | (2) The Office of Tourism, Trade, and Economic Development |
| 278 | shall develop rules for the receipt and processing of |
| 279 | applications for funding under pursuant to s. 212.20. |
| 280 | (3) As used in this section, the term: |
| 281 | (a) "New professional sports franchise" means a |
| 282 | professional sports franchise that is not based in this state |
| 283 | before prior to April 1, 1987. |
| 284 | (b) "Retained professional sports franchise" means a |
| 285 | professional sports franchise that has had a league-authorized |
| 286 | location in this state on or before December 31, 1976, and has |
| 287 | continuously remained at that location, and has never been |
| 288 | located at a facility that has been previously certified under |
| 289 | any provision of this section. |
| 290 | (4) Before Prior to certifying an applicant as a facility |
| 291 | for a new or retained professional sports franchise, "facility |
| 292 | for a new professional sports franchise" or a "facility for a |
| 293 | retained professional sports franchise," the Office of Tourism, |
| 294 | Trade, and Economic Development must determine that: |
| 295 | (a) A "unit of local government" as defined in s. 218.369 |
| 296 | is responsible for the construction, management, or operation of |
| 297 | the professional sports franchise facility or holds title to the |
| 298 | property on which the professional sports franchise facility is |
| 299 | located. |
| 300 | (b) The applicant has a verified copy of a signed |
| 301 | agreement with a new professional sports franchise for the use |
| 302 | of the facility for a term of at least 10 years, or in the case |
| 303 | of a retained professional sports franchise, an agreement for |
| 304 | use of the facility for a term of at least 20 years. |
| 305 | (c) The applicant has a verified copy of the approval from |
| 306 | the governing authority of the league in which the new |
| 307 | professional sports franchise exists authorizing the location of |
| 308 | the professional sports franchise in this state after April 1, |
| 309 | 1987, or in the case of a retained professional sports |
| 310 | franchise, verified evidence that it has had a league-authorized |
| 311 | location in this state on or before December 31, 1976. As used |
| 312 | in this section, the term "league" means the National League or |
| 313 | the American League of Major League Baseball, the National |
| 314 | Basketball Association, the National Football League, or the |
| 315 | National Hockey League. |
| 316 | (d) The applicant has projections, verified by the Office |
| 317 | of Tourism, Trade, and Economic Development, which demonstrate |
| 318 | that the new or retained professional sports franchise will |
| 319 | attract a paid attendance of more than 300,000 annually. |
| 320 | (e) The applicant has an independent analysis or study, |
| 321 | verified by the Office of Tourism, Trade, and Economic |
| 322 | Development, which demonstrates that the amount of the revenues |
| 323 | generated by the taxes imposed under chapter 212 with respect to |
| 324 | the use and operation of the professional sports franchise |
| 325 | facility will equal or exceed $2 million annually. |
| 326 | (f) The municipality in which the facility for a new or |
| 327 | retained professional sports franchise is located, or the county |
| 328 | if the facility for a new or retained professional sports |
| 329 | franchise is located in an unincorporated area, has certified by |
| 330 | resolution after a public hearing that the application serves a |
| 331 | public purpose. |
| 332 | (g) The applicant has demonstrated that it has provided, |
| 333 | is capable of providing, or has financial or other commitments |
| 334 | to provide more than one-half of the costs incurred or related |
| 335 | to the improvement and development of the facility. |
| 336 | (h) An No applicant previously certified under any |
| 337 | provision of this section who has received funding under such |
| 338 | certification is not shall be eligible for an additional |
| 339 | certification. |
| 340 | (5)(a) As used in this section, the term "retained spring |
| 341 | training franchise" means a spring training franchise that has |
| 342 | been based in this state prior to January 1, 2000. |
| 343 | (b) Prior to certifying an applicant as a "facility for a |
| 344 | retained spring training franchise," the Office of Tourism, |
| 345 | Trade, and Economic Development must determine that: |
| 346 | 1. A "unit of local government" as defined in s. 218.369 |
| 347 | is responsible for the acquisition, construction, management, or |
| 348 | operation of the facility for a retained spring training |
| 349 | franchise or holds title to the property on which the facility |
| 350 | for a retained spring training franchise is located. |
| 351 | 2. The applicant has a verified copy of a signed agreement |
| 352 | with a retained spring training franchise for the use of the |
| 353 | facility for a term of at least 15 years. |
| 354 | 3. The applicant has a financial commitment to provide 50 |
| 355 | percent or more of the funds required by an agreement for the |
| 356 | acquisition, construction, or renovation of the facility for a |
| 357 | retained spring training franchise. The agreement can be |
| 358 | contingent upon the awarding of funds under this section and |
| 359 | other conditions precedent to use by the spring training |
| 360 | franchise. |
| 361 | 4. The applicant has projections, verified by the Office |
| 362 | of Tourism, Trade, and Economic Development, which demonstrate |
| 363 | that the facility for a retained spring training franchise will |
| 364 | attract a paid attendance of at least 50,000 annually. |
| 365 | 5. The facility for a retained spring training franchise |
| 366 | is located in a county that is levying a tourist development tax |
| 367 | pursuant to s. 125.0104. |
| 368 | (c)1. The Office of Tourism, Trade, and Economic |
| 369 | Development shall competitively evaluate applications for |
| 370 | funding of a facility for a retained spring training franchise. |
| 371 | Applications must be submitted by October 1, 2000, with |
| 372 | certifications to be made by January 1, 2001. If the number of |
| 373 | applicants exceeds five and the aggregate funding request of all |
| 374 | applications exceeds $208,335 per month, the office shall rank |
| 375 | the applications according to a selection criteria, certifying |
| 376 | the highest ranked proposals. The evaluation criteria shall |
| 377 | include, with priority given in descending order to the |
| 378 | following items: |
| 379 | a. The intended use of the funds by the applicant, with |
| 380 | priority given to the construction of a new facility. |
| 381 | b. The length of time that the existing franchise has been |
| 382 | located in the state, with priority given to retaining |
| 383 | franchises that have been in the same location the longest. |
| 384 | c. The length of time that a facility to be used by a |
| 385 | retained spring training franchise has been used by one or more |
| 386 | spring training franchises, with priority given to a facility |
| 387 | that has been in continuous use as a facility for spring |
| 388 | training the longest. |
| 389 | d. For those teams leasing a spring training facility from |
| 390 | a unit of local government, the remaining time on the lease for |
| 391 | facilities used by the spring training franchise, with priority |
| 392 | given to the shortest time period remaining on the lease. |
| 393 | e. The duration of the future-use agreement with the |
| 394 | retained spring training franchise, with priority given to the |
| 395 | future-use agreement having the longest duration. |
| 396 | f. The amount of the local match, with priority given to |
| 397 | the largest percentage of local match proposed. |
| 398 | g. The net increase of total active recreation space owned |
| 399 | by the applying unit of local government following the |
| 400 | acquisition of land for the spring training facility, with |
| 401 | priority given to the largest percentage increase of total |
| 402 | active recreation space. |
| 403 | h. The location of the facility in a brownfield, an |
| 404 | enterprise zone, a community redevelopment area, or other area |
| 405 | of targeted development or revitalization included in an Urban |
| 406 | Infill Redevelopment Plan, with priority given to facilities |
| 407 | located in these areas. |
| 408 | i. The projections on paid attendance attracted by the |
| 409 | facility and the proposed effect on the economy of the local |
| 410 | community, with priority given to the highest projected paid |
| 411 | attendance. |
| 412 | 2. Beginning July 1, 2006, the Office of Tourism, Trade, |
| 413 | and Economic Development shall competitively evaluate |
| 414 | applications for funding of facilities for retained spring |
| 415 | training franchises in addition to those certified and funded |
| 416 | under subparagraph 1. An applicant that is a unit of government |
| 417 | that has an agreement for a retained spring training franchise |
| 418 | for 15 or more years which was entered into between July 1, |
| 419 | 2003, and July 1, 2004, shall be eligible for funding. |
| 420 | Applications must be submitted by October 1, 2006, with |
| 421 | certifications to be made by January 1, 2007. The office shall |
| 422 | rank the applications according to selection criteria, |
| 423 | certifying no more than five proposals. The aggregate funding |
| 424 | request of all applicants certified shall not exceed an |
| 425 | aggregate funding request of $208,335 per month. The evaluation |
| 426 | criteria shall include the following, with priority given in |
| 427 | descending order: |
| 428 | a. The intended use of the funds by the applicant for |
| 429 | acquisition or construction of a new facility. |
| 430 | b. The intended use of the funds by the applicant to |
| 431 | renovate a facility. |
| 432 | c. The length of time that a facility to be used by a |
| 433 | retained spring training franchise has been used by one or more |
| 434 | spring training franchises, with priority given to a facility |
| 435 | that has been in continuous use as a facility for spring |
| 436 | training the longest. |
| 437 | d. For those teams leasing a spring training facility from |
| 438 | a unit of local government, the remaining time on the lease for |
| 439 | facilities used by the spring training franchise, with priority |
| 440 | given to the shortest time period remaining on the lease. For |
| 441 | consideration under this subparagraph, the remaining time on the |
| 442 | lease shall not exceed 5 years, unless an agreement of 15 years |
| 443 | or more was entered into between July 1, 2003, and July 1, 2004. |
| 444 | e. The duration of the future-use agreement with the |
| 445 | retained spring training franchise, with priority given to the |
| 446 | future-use agreement having the longest duration. |
| 447 | f. The amount of the local match, with priority given to |
| 448 | the largest percentage of local match proposed. |
| 449 | g. The net increase of total active recreation space owned |
| 450 | by the applying unit of local government following the |
| 451 | acquisition of land for the spring training facility, with |
| 452 | priority given to the largest percentage increase of total |
| 453 | active recreation space. |
| 454 | h. The location of the facility in a brownfield area, an |
| 455 | enterprise zone, a community redevelopment area, or another area |
| 456 | of targeted development or revitalization included in an urban |
| 457 | infill redevelopment plan, with priority given to facilities |
| 458 | located in those areas. |
| 459 | i. The projections on paid attendance attracted by the |
| 460 | facility and the proposed effect on the economy of the local |
| 461 | community, with priority given to the highest projected paid |
| 462 | attendance. |
| 463 | (d) Funds may not be expended to subsidize privately owned |
| 464 | and maintained facilities for use by the spring training |
| 465 | franchise. Funds may be used to relocate a retained spring |
| 466 | training franchise to another unit of local government only if |
| 467 | the existing unit of local government with the retained spring |
| 468 | training franchise agrees to the relocation. |
| 469 | (5)(6) An applicant certified as a facility for a new or |
| 470 | retained professional sports franchise or a facility for a |
| 471 | retained professional sports franchise or as a facility for a |
| 472 | retained spring training franchise may use funds provided under |
| 473 | pursuant to s. 212.20 only for the public purpose of paying for |
| 474 | the acquisition, construction, reconstruction, or renovation of |
| 475 | a facility for a new or retained professional sports franchise, |
| 476 | a facility for a retained professional sports franchise, or a |
| 477 | facility for a retained spring training franchise or to pay or |
| 478 | pledge for the payment of debt service on, or to fund debt |
| 479 | service reserve funds, arbitrage rebate obligations, or other |
| 480 | amounts payable with respect to, bonds issued for the |
| 481 | acquisition, construction, reconstruction, or renovation of such |
| 482 | facility or for the reimbursement of such costs or the |
| 483 | refinancing of bonds issued for such purposes. |
| 484 | (6)(7)(a) The Office of Tourism, Trade, and Economic |
| 485 | Development shall notify the Department of Revenue of any |
| 486 | facility certified as a facility for a new or retained |
| 487 | professional sports franchise or a facility for a retained |
| 488 | professional sports franchise or as a facility for a retained |
| 489 | spring training franchise. The Office of Tourism, Trade, and |
| 490 | Economic Development shall certify no more than eight facilities |
| 491 | as facilities for a new professional sports franchise or as |
| 492 | facilities for a retained professional sports franchise, |
| 493 | including in the such total any facilities certified by the |
| 494 | Department of Commerce before July 1, 1996. The number of |
| 495 | facilities certified as a retained spring training franchise |
| 496 | shall be as provided in subsection (5). The office may make no |
| 497 | more than one certification for any facility. The office may not |
| 498 | certify funding for less than the requested amount to any |
| 499 | applicant certified as a facility for a retained spring training |
| 500 | franchise. |
| 501 | (b) The eighth certification of an applicant under this |
| 502 | section as a facility for a new or retained professional sports |
| 503 | franchise or a facility for a retained professional sports |
| 504 | franchise shall be for a franchise that is a member of the |
| 505 | National Basketball Association, has been located within the |
| 506 | state since 1987, and has not been previously certified. This |
| 507 | paragraph is repealed July 1, 2010. |
| 508 | (7)(8) The Auditor General Department of Revenue may |
| 509 | conduct audits audit as provided in s. 11.45 s. 213.34 to verify |
| 510 | that the distributions under pursuant to this section are have |
| 511 | been expended as required in this section. Such information is |
| 512 | subject to the confidentiality requirements of chapter 213. If |
| 513 | the Auditor General Department of Revenue determines that the |
| 514 | distributions under pursuant to this section are have not been |
| 515 | expended as required by this section, the Auditor General shall |
| 516 | notify the Department of Revenue, which it may pursue recovery |
| 517 | of the such funds under pursuant to the laws and rules governing |
| 518 | the assessment of taxes. |
| 519 | (8)(9) An applicant is not qualified for certification |
| 520 | under this section if the franchise formed the basis for a |
| 521 | previous certification, unless the previous certification was |
| 522 | withdrawn by the facility or invalidated by the Office of |
| 523 | Tourism, Trade, and Economic Development or the Department of |
| 524 | Commerce before any funds were distributed under pursuant to s. |
| 525 | 212.20. This subsection does not disqualify an applicant if the |
| 526 | previous certification occurred between May 23, 1993, and May |
| 527 | 25, 1993; however, any funds to be distributed under pursuant to |
| 528 | s. 212.20 for the second certification shall be offset by the |
| 529 | amount distributed to the previous certified facility. |
| 530 | Distribution of funds for the second certification shall not be |
| 531 | made until all amounts payable for the first certification are |
| 532 | have been distributed. |
| 533 | Section 5. Section 288.11621, Florida Statutes, is created |
| 534 | to read: |
| 535 | 288.11621 Spring training baseball facilities.-- |
| 536 | (1) DEFINITIONS.--As used in this section, the term: |
| 537 | (a) "Applicant" means a unit of local government as |
| 538 | defined in s. 218.369. |
| 539 | (b) "Certified applicant" means a facility for a spring |
| 540 | training franchise that was certified before July 1, 2009, under |
| 541 | s. 288.1162(5), Florida Statutes 2008, or a unit of local |
| 542 | government that is certified under this section. |
| 543 | (c) "Facility" means a spring training stadium, playing |
| 544 | fields, and appurtenances intended to support spring training |
| 545 | activities. |
| 546 | (d) "Office" means the Office of Tourism, Trade, and |
| 547 | Economic Development. |
| 548 | (2) CERTIFICATION PROCESS.-- |
| 549 | (a) Before certifying an applicant to receive state |
| 550 | funding for a facility for a spring training franchise, the |
| 551 | office must verify that: |
| 552 | 1. The applicant is responsible for the acquisition, |
| 553 | construction, management, or operation of the facility for a |
| 554 | spring training franchise or holds title to the property on |
| 555 | which the facility for a spring training franchise is located. |
| 556 | 2. The applicant has a certified copy of a signed |
| 557 | agreement with a spring training franchise for the use of the |
| 558 | facility for a term of at least 20 years. The agreement also |
| 559 | must require the franchise to reimburse the state for state |
| 560 | funds expended by an applicant under this section if the |
| 561 | franchise relocates before the agreement expires. The agreement |
| 562 | may be contingent on an award of funds under this section and |
| 563 | other conditions precedent. |
| 564 | 3. The applicant has made a financial commitment to |
| 565 | provide 50 percent or more of the funds required by an agreement |
| 566 | for the acquisition, construction, or renovation of the facility |
| 567 | for a spring training franchise. The commitment may be |
| 568 | contingent upon an award of funds under this section and other |
| 569 | conditions precedent. |
| 570 | 4. The applicant demonstrates that the facility for a |
| 571 | spring training franchise will attract a paid attendance of at |
| 572 | least 50,000 annually to the spring training games. |
| 573 | 5. The facility for a spring training franchise is located |
| 574 | in a county that levies a tourist development tax under s. |
| 575 | 125.0104. |
| 576 | (b) The office shall competitively evaluate applications |
| 577 | for state funding of a facility for a spring training franchise. |
| 578 | The total number of certifications may not exceed 10 at any |
| 579 | time. The evaluation criteria must include, with priority given |
| 580 | in descending order, the following items: |
| 581 | 1. The anticipated effect on the economy of the local |
| 582 | community where the spring training facility is to be built, |
| 583 | including projections on paid attendance, local and state tax |
| 584 | collections generated by spring training games, and direct and |
| 585 | indirect job creation resulting from the spring training |
| 586 | activities. Priority shall be given to applicants who can |
| 587 | demonstrate the largest projected economic impact. |
| 588 | 2. The amount of the local matching funds committed to a |
| 589 | facility relative to the amount of state funding sought, with |
| 590 | priority given to applicants that commit the largest amount of |
| 591 | local matching funds relative to the amount of state funding |
| 592 | sought. |
| 593 | 3. The potential for the facility to serve multiple uses. |
| 594 | 4. The intended use of the funds by the applicant, with |
| 595 | priority given to the funds being used to acquire a facility, |
| 596 | construct a new facility, or renovate an existing facility. |
| 597 | 5. The length of time that a spring training franchise has |
| 598 | been under an agreement to conduct spring training activities |
| 599 | within an applicant's geographical jurisdiction, with priority |
| 600 | given to applicants having agreements with the same franchise |
| 601 | for the longest period of time. |
| 602 | 6. The length of time that an applicant's facility has |
| 603 | been used by one or more spring training franchises, with |
| 604 | priority given to applicants whose facilities have been in |
| 605 | continuous use as facilities for spring training the longest. |
| 606 | 7. The term remaining on a lease between an applicant and |
| 607 | a spring training franchise for a facility, with priority given |
| 608 | to applicants having the shortest lease terms remaining. |
| 609 | 8. The length of time that a spring training franchise |
| 610 | agrees to use an applicant's facility if an application is |
| 611 | granted under this section, with priority given to applicants |
| 612 | having agreements for the longest future use. |
| 613 | 9. The net increase of total active recreation space owned |
| 614 | by the applicant after an acquisition of land for the facility, |
| 615 | with priority given to applicants having the largest percentage |
| 616 | increase of total active recreation space. |
| 617 | 10. The location of the facility in a brownfield, an |
| 618 | enterprise zone, a community redevelopment area, or other area |
| 619 | of targeted development or revitalization included in an urban |
| 620 | infill redevelopment plan, with priority given to applicants |
| 621 | having facilities located in these areas. |
| 622 | (c) Applicants that are certified on or after July 1, |
| 623 | 2009, shall enter into an agreement with the office that: |
| 624 | 1. Specifies the amount of the state incentive funding to |
| 625 | be distributed. |
| 626 | 2. States the criteria that the certified applicant must |
| 627 | meet in order to remain certified. |
| 628 | 3. States that the certified applicant is subject to |
| 629 | decertification if the certified applicant fails to comply with |
| 630 | this section or the agreement. |
| 631 | 4. States that the office may recover state incentive |
| 632 | funds if the certified applicant is decertified. |
| 633 | 5. Specifies information that the certified applicant must |
| 634 | report to the office. |
| 635 | 6. Includes any provision deemed prudent by the office. |
| 636 | (3) USE OF FUNDS.-- |
| 637 | (a) A certified applicant may use funds provided under s. |
| 638 | 212.20(6)(d)7.b. only to: |
| 639 | 1. Serve the public purpose of acquiring, constructing, |
| 640 | reconstructing, or renovating a facility for a spring training |
| 641 | franchise. |
| 642 | 2. Pay or pledge for the payment of debt service on, or to |
| 643 | fund debt service reserve funds, arbitrage rebate obligations, |
| 644 | or other amounts payable with respect thereto, bonds issued for |
| 645 | the acquisition, construction, reconstruction, or renovation of |
| 646 | such facility, or for the reimbursement of such costs or the |
| 647 | refinancing of bonds issued for such purposes. |
| 648 | 3. Assist in the relocation of a spring training franchise |
| 649 | from one unit of local government to another only if the |
| 650 | governing board of the current host local government by a |
| 651 | majority vote agrees to the relocation. |
| 652 | (b) State funds awarded to a certified applicant for a |
| 653 | facility for a spring training franchise may not be used to |
| 654 | subsidize facilities that are privately owned and maintained and |
| 655 | that are used only by a spring training franchise. |
| 656 | (c) The Department of Revenue may not distribute funds to |
| 657 | an applicant certified on or after July 1, 2009, until it |
| 658 | receives notice from the office that the certified applicant has |
| 659 | encumbered funds under subparagraph (a)2. |
| 660 | (d)1. All certified applicants must place unexpended state |
| 661 | funds received pursuant to s. 212.20(6)(d)7.b. in a trust fund |
| 662 | for use only as authorized in this section. |
| 663 | 2. A certified applicant may request that the Department |
| 664 | of Revenue suspend further distributions of state funds made |
| 665 | available under s. 212.20(6)(d)7.b. for 12 months after |
| 666 | expiration of an existing agreement with a spring training |
| 667 | baseball franchise to provide the certified applicant with an |
| 668 | opportunity to enter into a new agreement with a spring training |
| 669 | baseball franchise, at which time the distributions shall |
| 670 | resume. |
| 671 | 3. The expenditure of state funds distributed to an |
| 672 | applicant certified before July 1, 2009, must begin within 48 |
| 673 | months after the initial receipt of the state funds. In |
| 674 | addition, the construction of, or capital improvements to, a |
| 675 | spring training facility must be completed within 24 months |
| 676 | after the project's commencement. |
| 677 | (4) ANNUAL REPORTS.--On or before September 1 of each |
| 678 | year, a certified applicant shall submit to the office a report |
| 679 | that includes, but is not limited to: |
| 680 | (a) A copy of its most recent annual audit. |
| 681 | (b) A detailed report on all local and state funds |
| 682 | expended to date on the project being financed under this |
| 683 | section. |
| 684 | (c) A copy of the contract between the certified local |
| 685 | governmental entity and the spring training team. |
| 686 | (d) A cost-benefit analysis of the team's impact on the |
| 687 | community. |
| 688 | (e) Evidence that the certified applicant continues to |
| 689 | meet the criteria in paragraph (2)(a). |
| 690 | (5) DECERTIFICATION.-- |
| 691 | (a) The office shall decertify a certified applicant upon |
| 692 | the request of the certified applicant. |
| 693 | (b) The office shall decertify a certified applicant if |
| 694 | the certified applicant does not: |
| 695 | 1. Have a valid agreement with a spring training |
| 696 | franchise; or |
| 697 | 2. Satisfy its commitment to provide local matching funds |
| 698 | to the facility. |
| 699 | |
| 700 | However, decertification proceedings against a local government |
| 701 | certified prior to July 1, 2009, shall be delayed until 12 |
| 702 | months after the expiration of the local government's existing |
| 703 | agreement with a spring training baseball franchise and without |
| 704 | a new agreement being signed if the certified local government |
| 705 | can demonstrate to the office that it is in active negotiations |
| 706 | with a major league spring training franchise, other than the |
| 707 | franchise that was the basis for the original certification. |
| 708 | (c) A certified applicant has 60 days after it receives a |
| 709 | notice of intent to decertify from the office to petition the |
| 710 | office's executive director for review of the decertification. |
| 711 | Within 45 days after receipt of the request for review, the |
| 712 | executive director must notify a certified applicant of the |
| 713 | outcome of the review. |
| 714 | (d) The office shall notify the Department of Revenue that |
| 715 | a certified applicant is decertified within 10 days after the |
| 716 | order of decertification becomes final. The Department of |
| 717 | Revenue shall immediately stop the payment of any funds under |
| 718 | this section that were not encumbered by the certified applicant |
| 719 | under subparagraph (3)(a)2. |
| 720 | (e) The office shall order a decertified applicant to |
| 721 | repay all of the unencumbered state funds that the local |
| 722 | government received under this section and any interest that |
| 723 | accrued on those funds. The repayment must be made within 60 |
| 724 | days after the decertification order becomes final. These funds |
| 725 | shall be deposited into the General Revenue Fund. |
| 726 | (6) ADDITIONAL CERTIFICATIONS.--If the office decertifies |
| 727 | a unit of local government, the office may accept applications |
| 728 | for an additional certification. A unit of local government may |
| 729 | not be certified for more than one spring training franchise at |
| 730 | a time. |
| 731 | (7) STRATEGIC PLANNING.-- |
| 732 | (a) The office shall request assistance from the Florida |
| 733 | Sports Foundation and the Florida Grapefruit League Association |
| 734 | to develop a comprehensive strategic plan to: |
| 735 | 1. Finance spring training facilities. |
| 736 | 2. Monitor and oversee the use of state funds awarded to |
| 737 | applicants. |
| 738 | 3. Identify the financial impact that spring training has |
| 739 | on the state and ways in which to maintain or improve that |
| 740 | impact. |
| 741 | 4. Identify opportunities to develop public-private |
| 742 | partnerships to engage in marketing activities and advertise |
| 743 | spring training baseball. |
| 744 | 5. Identify efforts made by other states to maintain or |
| 745 | develop partnerships with baseball spring training teams. |
| 746 | 6. Develop recommendations for the Legislature to sustain |
| 747 | or improve this state's spring training tradition. |
| 748 | (b) The office shall submit a copy of the strategic plan |
| 749 | to the Governor, the President of the Senate, and the Speaker of |
| 750 | the House of Representatives by December 31, 2009. |
| 751 | (8) RULEMAKING.--The office shall adopt rules to implement |
| 752 | the certification, decertification, and decertification review |
| 753 | processes required by this section. |
| 754 | (9) AUDITS.--The Auditor General may conduct audits as |
| 755 | provided in s. 11.45 to verify that the distributions under this |
| 756 | section are expended as required in this section. If the Auditor |
| 757 | General determines that the distributions under this section are |
| 758 | not expended as required by this section, the Auditor General |
| 759 | shall notify the Department of Revenue, which may pursue |
| 760 | recovery of the funds under the laws and rules governing the |
| 761 | assessment of taxes. |
| 762 | Section 6. Subsection (1) of section 288.1229, Florida |
| 763 | Statutes, is amended to read: |
| 764 | 288.1229 Promotion and development of sports-related |
| 765 | industries and amateur athletics; direct-support organization; |
| 766 | powers and duties.-- |
| 767 | (1) The Office of Tourism, Trade, and Economic Development |
| 768 | may authorize a direct-support organization to assist the office |
| 769 | in: |
| 770 | (a) The promotion and development of the sports industry |
| 771 | and related industries for the purpose of improving the economic |
| 772 | presence of these industries in Florida. |
| 773 | (b) The promotion of amateur athletic participation for |
| 774 | the citizens of Florida and the promotion of Florida as a host |
| 775 | for national and international amateur athletic competitions for |
| 776 | the purpose of encouraging and increasing the direct and |
| 777 | ancillary economic benefits of amateur athletic events and |
| 778 | competitions. |
| 779 | (c) The retention of professional sports franchises, |
| 780 | including the spring training operations of Major League |
| 781 | Baseball. |
| 782 | Section 7. This act shall take effect July 1, 2009. |