Florida Senate - 2013                CS for CS for CS for SB 306
       
       
       
       By the Committees on Appropriations; Rules; and Appropriations;
       and Senators Braynon and Abruzzo
       
       
       
       576-04672A-13                                          2013306c3
    1                        A bill to be entitled                      
    2         An act relating to economic development; amending s.
    3         125.0104, F.S.; providing that tourist development tax
    4         revenues may also be used to pay the debt service on
    5         bonds that finance the renovation of a professional
    6         sports facility that is publicly owned, or that is on
    7         publicly owned land, and that is publicly operated or
    8         operated by the owner of a professional sports
    9         franchise or other lessee; requiring that the
   10         renovation costs exceed a specified amount; allowing
   11         certain fees and costs to be included in the cost for
   12         renovation; requiring private contributions to the
   13         professional sports facility as a condition for the
   14         use of tourist development taxes; authorizing the use
   15         of certain tax revenues to pay for operation and
   16         maintenance costs of the renovated facility; requiring
   17         a majority plus one vote of the membership of the
   18         board of county commissioners to levy a tax for
   19         renovation of a sports franchise facility after
   20         approval by a majority of the electors voting in a
   21         referendum to approve the proposed use of the tax
   22         revenues; authorizing the referendum to be held before
   23         or after the effective date of this act; providing
   24         requirements for the referendum ballot; providing for
   25         nonapplication of the prohibition against levying such
   26         tax in certain cities and towns under certain
   27         conditions; authorizing the use of tourist development
   28         tax revenues for financing the renovation of a
   29         professional sports franchise facility; amending s.
   30         212.20, F.S.; authorizing a distribution for an
   31         applicant that has been approved by the Legislature
   32         and certified by the Department of Economic
   33         Opportunity under s. 288.11625, F.S.; providing a
   34         limitation; amending s. 220.153, F.S.; conforming a
   35         cross-reference; repealing s. 220.62(3) and (5), F.S.,
   36         relating to the definitions of the terms
   37         “international banking facility” and “foreign person”
   38         in the income tax code; repealing s. 220.63(5), F.S.,
   39         relating to an income tax deduction for international
   40         banking facilities; providing retroactive
   41         applicability and effect of certain provisions of the
   42         act; creating s. 288.11625, F.S.; providing that the
   43         Department of Economic Opportunity shall screen
   44         applicants for state funding for sports development;
   45         defining the terms “agreement,” “applicant,”
   46         “beneficiary,” “facility,” “project,” “state sales
   47         taxes generated by sales at the facility,” and
   48         “signature event”; providing a purpose to provide
   49         funding for applicants for constructing,
   50         reconstructing, renovating, or improving a facility;
   51         providing an application and approval process;
   52         providing for an annual application period; providing
   53         for the Department of Economic Opportunity to submit
   54         recommendations to the Legislature by a certain date;
   55         requiring legislative approval for state funding;
   56         providing evaluation criteria for an applicant to
   57         receive state funding; providing for evaluation and
   58         ranking of applicants under certain criteria; allowing
   59         the department to determine the type of beneficiary;
   60         providing levels of state funding up to a certain
   61         amount of new incremental state sales tax revenue;
   62         providing for a distribution and calculation;
   63         requiring the Department of Revenue to distribute
   64         funds within a certain timeframe after notification by
   65         the department; limiting annual distributions to $13
   66         million; providing for a contract between the
   67         department and the applicant; limiting use of funds;
   68         requiring an applicant to submit information to the
   69         department annually; requiring a 5-year review;
   70         authorizing the Auditor General to conduct audits;
   71         providing for an application related to a signature
   72         event; requiring award of a signature event as a
   73         condition for receiving distributions for an
   74         application related to a signature event; authorizing
   75         the Legislative Budget Commission to approve an
   76         application; providing for reimbursement of the state
   77         funding under certain circumstances; providing for
   78         discontinuation of distributions upon an applicant’s
   79         request; authorizing the Department of Economic
   80         Opportunity to adopt rules; contingently creating s.
   81         288.116255, F.S.; providing for an evaluation;
   82         amending s. 218.64, F.S.; providing for municipalities
   83         and counties to expend a portion of local government
   84         half-cent sales tax revenues to reimburse the state as
   85         required by a contract; authorizing the Department of
   86         Economic Opportunity to adopt emergency rules;
   87         providing effective dates.
   88  
   89  Be It Enacted by the Legislature of the State of Florida:
   90  
   91         Section 1. Paragraph (n) of subsection (3) and paragraph
   92  (a) of subsection (5) of section 125.0104, Florida Statutes, are
   93  amended to read:
   94         125.0104 Tourist development tax; procedure for levying;
   95  authorized uses; referendum; enforcement.—
   96         (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.—
   97         (n) In addition to any other tax that is imposed under this
   98  section, a county that has imposed the tax under paragraph (l)
   99  may impose an additional tax that is no greater than 1 percent
  100  on the exercise of the privilege described in paragraph (a) by a
  101  majority plus one vote of the membership of the board of county
  102  commissioners, or as otherwise provided in this paragraph, in
  103  order to:
  104         1. Pay the debt service on bonds issued to finance:
  105         a. The construction, reconstruction, or renovation of a
  106  facility that is either publicly owned and operated, or is
  107  publicly owned and operated by the owner of a professional
  108  sports franchise or other lessee with sufficient expertise or
  109  financial capability to operate such facility, and to pay the
  110  planning and design costs incurred before prior to the issuance
  111  of such bonds for a new professional sports franchise as defined
  112  in s. 288.1162.
  113         b. The acquisition, construction, reconstruction, or
  114  renovation of a facility either publicly owned and operated, or
  115  publicly owned and operated by the owner of a professional
  116  sports franchise or other lessee with sufficient expertise or
  117  financial capability to operate such facility, and to pay the
  118  planning and design costs incurred before prior to the issuance
  119  of such bonds for a retained spring training franchise.
  120         2. Pay the debt service on bonds issued to finance the
  121  renovation of a professional sports franchise facility that is
  122  publicly owned, or located on land that is publicly owned, and
  123  that is publicly operated or operated by the owner of a
  124  professional sports franchise or other lessee who has sufficient
  125  expertise or financial capability to operate the facility, and
  126  to pay the planning and design costs incurred before the
  127  issuance of such bonds for the renovated professional sports
  128  facility. The cost to renovate the facility must be more than
  129  $300 million, including permitting, architectural, and
  130  engineering fees, and at least a majority of the total
  131  construction cost, exclusive of in-kind contributions, must be
  132  paid for by the ownership group of the professional sports
  133  franchise or other private sources. Tax revenues available to
  134  pay debt service on bonds may be used to pay for operation and
  135  maintenance costs of the facility. A county levying the tax for
  136  the purposes specified in this subparagraph may do so only by a
  137  majority plus one vote of the membership of the board of county
  138  commissioners and after approval of the proposed use of the tax
  139  revenues by a majority vote of the electors voting in the
  140  referendum. Referendum approval of the proposed use of the tax
  141  revenues may be in an election held before or after the
  142  effective date of this act. The referendum ballot must include a
  143  brief description of the proposed use of the tax revenues and
  144  the following question:
  145         FOR the Proposed Use
  146         AGAINST the Proposed Use
  147         3.2. Promote and advertise tourism in this the state of
  148  Florida and nationally and internationally; however, if tax
  149  revenues are expended for an activity, service, venue, or event,
  150  the activity, service, venue, or event must shall have as one of
  151  its main purposes the attraction of tourists as evidenced by the
  152  promotion of the activity, service, venue, or event to tourists.
  153  
  154  A county that imposes the tax authorized in this paragraph may
  155  not expend any ad valorem tax revenues for the acquisition,
  156  expansion, construction, reconstruction, or renovation of a
  157  facility for which tax revenues are used pursuant to
  158  subparagraph 1. The provision of paragraph (b) which prohibits
  159  any county authorized to levy a convention development tax
  160  pursuant to s. 212.0305 from levying more than the 2 percent 2
  161  percent tax authorized by this section does shall not apply to
  162  the additional tax authorized by this paragraph in counties that
  163  which levy convention development taxes pursuant to s.
  164  212.0305(4)(a) or (b). Subsection (4) does not apply to the
  165  adoption of the additional tax authorized in this paragraph. The
  166  effective date of the levy and imposition of the tax authorized
  167  under this paragraph is the first day of the second month
  168  following approval of the ordinance by the board of county
  169  commissioners or the first day of any subsequent month specified
  170  in the ordinance. A certified copy of such ordinance must shall
  171  be furnished by the county to the Department of Revenue within
  172  10 days after approval of the ordinance.
  173         (5) AUTHORIZED USES OF REVENUE.—
  174         (a) All tax revenues received pursuant to this section by a
  175  county imposing the tourist development tax must shall be used
  176  by that county for the following purposes only:
  177         1. To acquire, construct, extend, enlarge, remodel, repair,
  178  improve, maintain, operate, or promote one or more publicly
  179  owned and operated convention centers, sports stadiums, sports
  180  arenas, coliseums, auditoriums, aquariums, or museums that are
  181  publicly owned and operated or owned and operated by not-for
  182  profit organizations and open to the public, within the
  183  boundaries of the county or subcounty special taxing district in
  184  which the tax is levied. Tax revenues received pursuant to this
  185  section may also be used for promotion of zoological parks that
  186  are publicly owned and operated or owned and operated by not
  187  for-profit organizations and open to the public. However, these
  188  purposes may be implemented through service contracts and leases
  189  with lessees with sufficient expertise or financial capability
  190  to operate such facilities;
  191         2. To promote and advertise tourism in this the state of
  192  Florida and nationally and internationally; however, if tax
  193  revenues are expended for an activity, service, venue, or event,
  194  the activity, service, venue, or event must shall have as one of
  195  its main purposes the attraction of tourists as evidenced by the
  196  promotion of the activity, service, venue, or event to tourists;
  197         3. To fund convention bureaus, tourist bureaus, tourist
  198  information centers, and news bureaus as county agencies or by
  199  contract with the chambers of commerce or similar associations
  200  in the county, which may include any indirect administrative
  201  costs for services performed by the county on behalf of the
  202  promotion agency; or
  203         4. To finance beach park facilities or beach improvement,
  204  maintenance, renourishment, restoration, and erosion control,
  205  including shoreline protection, enhancement, cleanup, or
  206  restoration of inland lakes and rivers to which there is public
  207  access as those uses relate to the physical preservation of the
  208  beach, shoreline, or inland lake or river. However, any funds
  209  identified by a county as the local matching source for beach
  210  renourishment, restoration, or erosion control projects included
  211  in the long-range budget plan of the state’s Beach Management
  212  Plan, pursuant to s. 161.091, or funds contractually obligated
  213  by a county in the financial plan for a federally authorized
  214  shore protection project may not be used or loaned for any other
  215  purpose. In counties of less than 100,000 population, no more
  216  than 10 percent of the revenues from the tourist development tax
  217  may be used for beach park facilities; or.
  218         5. For other uses specifically allowed under subsection
  219  (3).
  220         Section 2. Paragraph (d) of subsection (6) of section
  221  212.20, Florida Statutes, is amended to read:
  222         212.20 Funds collected, disposition; additional powers of
  223  department; operational expense; refund of taxes adjudicated
  224  unconstitutionally collected.—
  225         (6) Distribution of all proceeds under this chapter and s.
  226  202.18(1)(b) and (2)(b) shall be as follows:
  227         (d) The proceeds of all other taxes and fees imposed
  228  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  229  and (2)(b) must shall be distributed as follows:
  230         1. In any fiscal year, the greater of $500 million, minus
  231  an amount equal to 4.6 percent of the proceeds of the taxes
  232  collected pursuant to chapter 201, or 5.2 percent of all other
  233  taxes and fees imposed pursuant to this chapter or remitted
  234  pursuant to s. 202.18(1)(b) and (2)(b) must shall be deposited
  235  in monthly installments into the General Revenue Fund.
  236         2. After the distribution under subparagraph 1., 8.814
  237  percent of the amount remitted by a sales tax dealer located
  238  within a participating county pursuant to s. 218.61 must shall
  239  be transferred into the Local Government Half-cent Sales Tax
  240  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
  241  transferred must shall be reduced by 0.1 percent, and the
  242  department shall distribute this amount to the Public Employees
  243  Relations Commission Trust Fund less $5,000 each month, which
  244  must shall be added to the amount calculated in subparagraph 3.
  245  and distributed accordingly.
  246         3. After the distribution under subparagraphs 1. and 2.,
  247  0.095 percent must shall be transferred to the Local Government
  248  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
  249  to s. 218.65.
  250         4. After the distributions under subparagraphs 1., 2., and
  251  3., 2.0440 percent of the available proceeds must shall be
  252  transferred monthly to the Revenue Sharing Trust Fund for
  253  Counties pursuant to s. 218.215.
  254         5. After the distributions under subparagraphs 1., 2., and
  255  3., 1.3409 percent of the available proceeds must shall be
  256  transferred monthly to the Revenue Sharing Trust Fund for
  257  Municipalities pursuant to s. 218.215. If the total revenue to
  258  be distributed pursuant to this subparagraph is at least as
  259  great as the amount due from the Revenue Sharing Trust Fund for
  260  Municipalities and the former Municipal Financial Assistance
  261  Trust Fund in state fiscal year 1999-2000, a no municipality may
  262  not shall receive less than the amount due from the Revenue
  263  Sharing Trust Fund for Municipalities and the former Municipal
  264  Financial Assistance Trust Fund in state fiscal year 1999-2000.
  265  If the total proceeds to be distributed are less than the amount
  266  received in combination from the Revenue Sharing Trust Fund for
  267  Municipalities and the former Municipal Financial Assistance
  268  Trust Fund in state fiscal year 1999-2000, each municipality
  269  shall receive an amount proportionate to the amount it was due
  270  in state fiscal year 1999-2000.
  271         6. Of the remaining proceeds:
  272         a. In each fiscal year, the sum of $29,915,500 must shall
  273  be divided into as many equal parts as there are counties in the
  274  state, and one part must shall be distributed to each county.
  275  The distribution among the several counties must begin each
  276  fiscal year on or before January 5th and continue monthly for a
  277  total of 4 months. If a local or special law required that any
  278  moneys accruing to a county in fiscal year 1999-2000 under the
  279  then-existing provisions of s. 550.135 be paid directly to the
  280  district school board, special district, or a municipal
  281  government, such payment must continue until the local or
  282  special law is amended or repealed. The state covenants with
  283  holders of bonds or other instruments of indebtedness issued by
  284  local governments, special districts, or district school boards
  285  before July 1, 2000, that it is not the intent of this
  286  subparagraph to adversely affect the rights of those holders or
  287  relieve local governments, special districts, or district school
  288  boards of the duty to meet their obligations as a result of
  289  previous pledges or assignments or trusts entered into which
  290  obligated funds received from the distribution to county
  291  governments under then-existing s. 550.135. This distribution
  292  specifically is in lieu of funds distributed under s. 550.135
  293  before July 1, 2000.
  294         b. The department shall, pursuant to s. 288.1162,
  295  distribute $166,667 monthly pursuant to s. 288.1162 to each
  296  applicant certified as a facility for a new or retained
  297  professional sports franchise pursuant to s. 288.1162. Up to
  298  $41,667 must shall be distributed monthly by the department to
  299  each certified applicant as defined in s. 288.11621 for a
  300  facility for a spring training franchise. However, not more than
  301  $416,670 may be distributed monthly in the aggregate to all
  302  certified applicants for facilities for spring training
  303  franchises. Distributions begin 60 days after such certification
  304  and continue for not more than 30 years, except as otherwise
  305  provided in s. 288.11621. A certified applicant identified in
  306  this sub-subparagraph may not receive more in distributions than
  307  expended by the applicant for the public purposes provided for
  308  in s. 288.1162 288.1162(5) or s. 288.11621(3).
  309         c. Beginning 30 days after notice by the Department of
  310  Economic Opportunity to the Department of Revenue that an
  311  applicant has been certified as the professional golf hall of
  312  fame pursuant to s. 288.1168 and is open to the public, $166,667
  313  must shall be distributed monthly, for up to 300 months, to the
  314  applicant.
  315         d. Beginning 30 days after notice by the Department of
  316  Economic Opportunity to the Department of Revenue that the
  317  applicant has been certified as the International Game Fish
  318  Association World Center facility pursuant to s. 288.1169, and
  319  the facility is open to the public, $83,333 must shall be
  320  distributed monthly, for up to 168 months, to the applicant.
  321  This distribution is subject to reduction pursuant to s.
  322  288.1169. A lump sum payment of $999,996 must shall be made,
  323  after certification and before July 1, 2000.
  324         e. Beginning 45 days after notice by the Department of
  325  Economic Opportunity to the Department of Revenue that an
  326  applicant has been approved by the Legislature and certified by
  327  the Department of Economic Opportunity under s. 288.11625, the
  328  department shall distribute each month an amount equal to one
  329  twelfth the annual distribution amount certified by the
  330  Department of Economic Opportunity for the applicant. The
  331  department may not distribute more than $13 million annually to
  332  all applicants approved by the Legislature and certified by the
  333  Department of Economic Opportunity pursuant to s. 288.11625.
  334         7. All other proceeds must remain in the General Revenue
  335  Fund.
  336         Section 3. Subsection (2) of section 220.153, Florida
  337  Statutes, is amended to read:
  338         220.153 Apportionment by sales factor.—
  339         (2) APPORTIONMENT OF TAXES; ELIGIBILITY.—A taxpayer, not
  340  including a financial organization as defined in s. 220.15(6) or
  341  a bank, savings association, international banking facility, or
  342  banking organization as defined in s. 220.62, doing business
  343  within and without this state, who applies and demonstrates to
  344  the Department of Economic Opportunity that, within a 2-year
  345  period beginning on or after July 1, 2011, it has made qualified
  346  capital expenditures equal to or exceeding $250 million may
  347  apportion its adjusted federal income solely by the sales factor
  348  set forth in s. 220.15(5), commencing in the taxable year that
  349  the Department of Economic Opportunity approves the application,
  350  but not before a taxable year that begins on or after January 1,
  351  2013. Once approved, a taxpayer may elect to apportion its
  352  adjusted federal income for any taxable year using the method
  353  provided under this section or the method provided under s.
  354  220.15.
  355         Section 4. Subsections (3) and (5) of section 220.62,
  356  Florida Statutes, are repealed.
  357         Section 5. Subsection (5) of section 220.63, Florida
  358  Statutes, is repealed.
  359         Section 6. Sections 3, 4, and 5 of this act are effective
  360  with respect to taxable years beginning on or after January 1,
  361  2013.
  362         Section 7. Section 288.11625, Florida Statutes, is created
  363  to read:
  364         288.11625Sports development.—
  365         (1) ADMINISTRATION.—The department shall serve as the state
  366  agency responsible for screening applicants for state funding
  367  under s. 212.20(6)(d)6.e.
  368         (2) DEFINITIONS.—As used in this section, the term:
  369         (a) “Agreement” means a signed agreement between a unit of
  370  local government and a beneficiary.
  371         (b) “Applicant” means a unit of local government, as
  372  defined in s. 218.369, which is responsible for the
  373  construction, management, or operation of a facility; or an
  374  entity that is responsible for the construction, management, or
  375  operation of a facility if a unit of local government holds
  376  title to the underlying property on which the facility is
  377  located.
  378         (c) “Beneficiary” means a professional sports franchise of
  379  the National Football League, the National Hockey League, the
  380  National Basketball Association, the National League or American
  381  League of Major League Baseball, Major League Soccer, or the
  382  National Association of Stock Car Auto Racing, or a nationally
  383  recognized professional sports association that occupies or uses
  384  a facility as the facility’s primary tenant. A beneficiary may
  385  also be an applicant under this section.
  386         (d) “Facility” means a facility primarily used to host
  387  games or events held by a beneficiary and does not include any
  388  portion used to provide transient lodging. For a professional
  389  sports franchise that uses or occupies a local government-owned
  390  facility during the months from February through April, the
  391  facility also includes training facilities that are associated
  392  with the primary facility, but does not include any portion used
  393  to provide transient lodging.
  394         (e) “Project” means a proposed construction,
  395  reconstruction, renovation, or improvement of a facility.
  396         (f) “Signature event” means a professional sports event
  397  with significant export factor potential. For purposes of this
  398  paragraph, the term “export factor” means the attraction of
  399  economic activity or growth into the state which otherwise would
  400  not have occurred. Examples of signature events may include, but
  401  are not limited to:
  402         1. National Football League Super Bowls.
  403         2. Professional sports All-Star games.
  404         3. International sporting events and tournaments.
  405         4. Professional automobile race championships or Formula 1
  406  Grand Prix.
  407         5. The establishment of a new professional sports franchise
  408  in this state.
  409         (g) State sales taxes generated by sales at the facility
  410  means state sales taxes imposed under chapter 212 generated by
  411  admissions to the facility or by sales made by vendors at the
  412  facility who are accessible to persons attending events
  413  occurring at the facility.
  414         (3) PURPOSE.—The purpose of this section is to provide
  415  applicants state funding under s. 212.20(6)(d)6.e. for the
  416  public purpose of constructing, reconstructing, renovating, or
  417  improving a facility.
  418         (4) APPLICATION AND APPROVAL PROCESS.—
  419         (a) The department shall establish the procedures and
  420  application forms deemed necessary pursuant to the requirements
  421  of this section. The department may notify an applicant of any
  422  additional required or incomplete information necessary to
  423  evaluate an application.
  424         (b) The annual application period is from June 1 through
  425  November 1.
  426         (c) Within 60 days after receipt of a completed
  427  application, the department shall complete its evaluation of the
  428  application as provided under subsection (5) and notify the
  429  applicant in writing of the department’s decision to recommend
  430  approval of the applicant by the Legislature or to deny the
  431  application.
  432         (d) Annually by February 1, the department shall rank the
  433  applicants and shall provide to the Legislature the list of the
  434  recommended applicants in ranked order of projects most likely
  435  to positively impact the state based on required criteria
  436  established in this section. The list must include the
  437  department’s evaluation of the applicant.
  438         (e) A recommended applicant’s request for funding must be
  439  approved by the Legislature by general law.
  440         1. An application by a unit of local government which is
  441  approved by the Legislature and subsequently certified by the
  442  department remains certified for the duration of the
  443  beneficiary’s agreement with the applicant or for 30 years,
  444  whichever is less, provided the certified applicant has an
  445  agreement with a beneficiary at the time of initial
  446  certification by the department.
  447         2. An application by a beneficiary which is approved by the
  448  Legislature and subsequently certified by the department remains
  449  certified for the duration of the beneficiary’s agreement with
  450  the unit of local government that owns the underlying property
  451  or for 30 years, whichever is less, provided the certified
  452  applicant has an agreement with the unit of local government at
  453  the time of initial certification by the department.
  454         3. An applicant that is previously certified pursuant to
  455  this section does not need legislative approval each year to
  456  receive state funding.
  457         (f) An applicant that is recommended by the department but
  458  is not approved by the Legislature may reapply and update any
  459  information in the original application as required by the
  460  department.
  461         (g) The department may recommend no more than one
  462  distribution under this section for any applicant, facility, or
  463  beneficiary at a time.
  464         (5) EVALUATION PROCESS.—
  465         (a) Before recommending an applicant to receive a state
  466  distribution under s. 212.20(6)(d)6.e., the department must
  467  verify that:
  468         1. The applicant or beneficiary is responsible for the
  469  construction, reconstruction, renovation, or improvement of a
  470  facility.
  471         2. If the applicant is also the beneficiary, a unit of
  472  local government holds title to the property on which the
  473  facility and project are located.
  474         3. The project for which the applicant is seeking state
  475  funding has not commenced construction.
  476         4. If the applicant is a unit of local government in whose
  477  jurisdiction the facility will be located, the unit of local
  478  government has an exclusive intent agreement to negotiate in
  479  this state with the beneficiary.
  480         5.a. The unit of local government in whose jurisdiction the
  481  facility will be located supports the application for state
  482  funds. Such support must be verified by the adoption of a
  483  resolution after a public hearing that the project serves a
  484  public purpose.
  485         b. If the unit of local government is required to pass a
  486  resolution by a majority plus one vote by the local government’s
  487  governing body and to hold a referendum for approval pursuant to
  488  s. 125.0104(3)(n)2., such resolution and referendum must
  489  affirmatively pass for the applicant to receive state funding
  490  under this section.
  491         6. The applicant or beneficiary has not previously
  492  defaulted or failed to meet any statutory requirements of a
  493  previous state-administered sports-related program under s.
  494  288.1162, s. 288.11621, or s. 288.1168.
  495         7. The applicant or beneficiary has sufficiently
  496  demonstrated a commitment to employ residents of this state,
  497  contract with Florida-based firms, and purchase locally
  498  available building materials to the greatest extent possible.
  499         8. If the applicant is a unit of local government, the
  500  applicant has a certified copy of a signed agreement with a
  501  beneficiary for the use of the facility. If the applicant is a
  502  beneficiary, the beneficiary must enter into an agreement with
  503  the department. The applicant’s or beneficiary’s agreement must
  504  also require the following:
  505         a. The beneficiary must reimburse the state for state funds
  506  that have been distributed and will be distributed if the
  507  beneficiary relocates before the agreement expires.
  508         b. The beneficiary must pay for signage or advertising
  509  within the facility. The signage or advertising must be placed
  510  in a prominent location as close to the field of play or
  511  competition as is practical, displayed consistent with signage
  512  or advertising in the same location and like value, and must
  513  feature Florida advertising approved by the Florida Tourism
  514  Industry Marketing Corporation.
  515         9. The project will commence within 12 months after
  516  receiving state funds.
  517         (b) The department shall competitively evaluate and rank
  518  applicants that submit applications for state funding which are
  519  received during the application period using the following
  520  criteria to evaluate the applicant’s ability to positively
  521  impact the state:
  522         1. The proposed use of state funds.
  523         2. The length of time that a beneficiary has agreed to use
  524  the facility.
  525         3. The percentage of total project funds provided by the
  526  applicant and the percentage of total project funds provided by
  527  the beneficiary.
  528         4. The number and type of signature events the facility is
  529  likely to attract during the duration of the agreement with the
  530  beneficiary.
  531         5. The anticipated increase in average annual ticket sales
  532  and attendance at the facility due to the project.
  533         6. The potential to attract out-of-state visitors to the
  534  facility.
  535         7. The length of time a beneficiary has been in the state
  536  or partnered with the unit of local government.
  537         8. The multiuse capabilities of the facility.
  538         9. The facility’s projected employment of residents of this
  539  state, contracts with Florida-based firms, and purchases of
  540  locally available building materials.
  541         10. The amount of private and local financial or in-kind
  542  contributions to the project.
  543         11. The amount of positive advertising or media coverage
  544  the facility generates.
  545         (6) DISTRIBUTION.—
  546         (a) The department shall determine the annual distribution
  547  amount an applicant may receive based on the total cost of the
  548  project.
  549         1. If the total project cost is $200 million or greater,
  550  the applicant is eligible to receive annual distributions equal
  551  to the new incremental state sales taxes generated by sales at
  552  the facility during 12 months as provided under paragraph (b)2.,
  553  up to $3 million.
  554         2. If the total project cost is at least $100 million but
  555  less than $200 million, the applicant is eligible to receive
  556  annual distributions equal to the new incremental state sales
  557  taxes generated by sales at the facility during 12 months as
  558  provided under paragraph (b)2., up to $2 million.
  559         3. If the total project cost is less than $100 million, the
  560  applicant is eligible to receive annual distributions equal to
  561  the new incremental state sales taxes generated by sales at the
  562  facility during 12 months as provided under paragraph (b)2., up
  563  to $666,660.
  564         (b) At the time of initial evaluation and review by the
  565  department pursuant to subsection (5), the applicant must
  566  provide an analysis by an independent certified public
  567  accountant which demonstrates:
  568         1. The amount of state sales taxes generated by sales at
  569  the facility during the 12-month period immediately prior to the
  570  beginning of the application period. This amount is the
  571  baseline.
  572         2. The expected amount of new incremental state sales taxes
  573  generated by sales at the facility above the baseline which will
  574  be generated as a result of the project.
  575         (c) The independent analysis provided in paragraph (b) must
  576  be verified by the department.
  577         (d) The Department of Revenue shall begin distributions
  578  within 45 days after notification of initial certification from
  579  the department.
  580         (e) The department must consult with the Department of
  581  Revenue and the Office of Economic and Demographic Research to
  582  develop a standard calculation for estimating new incremental
  583  state sales taxes generated by sales at the facility and
  584  adjustments to distributions.
  585         (f) In any 12-month period when total distributions for all
  586  certified applicants equal $13 million, the department may not
  587  certify new distributions for any additional applicants.
  588         (7) CONTRACT.—An applicant approved by the Legislature and
  589  certified by the department must enter into a contract with the
  590  department which:
  591         (a) Specifies the terms of the state’s investment.
  592         (b) States the criteria that the certified applicant must
  593  meet in order to remain certified.
  594         (c) Requires the applicant to submit the independent
  595  analysis required under subsection (6) and an annual independent
  596  analysis.
  597         1. The applicant must agree to submit to the department,
  598  beginning 12 months after completion of a project or 12 months
  599  after the first four annual distributions, whichever is earlier,
  600  an annual analysis by an independent certified public accountant
  601  demonstrating the actual amount of new incremental state sales
  602  taxes generated by sales at the facility during the previous 12
  603  month period. The applicant shall certify to the department a
  604  comparison of the actual amount of state sales taxes generated
  605  by sales at the facility during the previous 12-month period to
  606  the baseline under subparagraph (6)(b)1.
  607         2. The applicant must submit the certification within 60
  608  days after the end of the previous 12-month period. The
  609  department shall verify the analysis.
  610         (d) Specifies information that the certified applicant must
  611  report to the department.
  612         (e) Requires the applicant to reimburse the state for the
  613  amount each year that the actual new incremental state sales
  614  taxes generated by sales at the facility during the most recent
  615  12-month period was less than the annual distribution under
  616  paragraph (6)(a). This requirement applies 12 months after
  617  completion of a project or 12 months after the first four annual
  618  distributions, whichever is earlier.
  619         1. If the applicant is unable or unwilling to reimburse the
  620  state in any year for the amount equal to the difference between
  621  the actual new incremental state sales taxes generated by sales
  622  at the facility and the annual distribution under paragraph
  623  (6)(a), the department may place a lien on the applicant’s
  624  facility.
  625         2. If the applicant is a municipality or county, it may
  626  reimburse the state from its half-cent sales tax allocation, as
  627  provided in s. 218.64(3).
  628         3. Reimbursements must be sent to the Department of Revenue
  629  for deposit into the General Revenue Fund.
  630         (f) Includes any provisions deemed prudent by the
  631  department.
  632         (8) USE OF FUNDS.—An applicant certified under this section
  633  may use state funds only for the following purposes:
  634         (a)Constructing, reconstructing, renovating, or improving
  635  a facility, or reimbursing such costs.
  636         (b)Paying or pledging for the payment of debt service on,
  637  or to fund debt service reserve funds, arbitrage rebate
  638  obligations, or other amounts payable with respect thereto,
  639  bonds issued for the construction or renovation of such
  640  facility; or for the reimbursement of such costs or the
  641  refinancing of bonds issued for such purposes.
  642         (9) REPORTS.—
  643         (a) On or before November 1 of each year, an applicant
  644  certified under this section and approved to receive state funds
  645  must submit to the department any information required by the
  646  department. The department shall summarize this information for
  647  inclusion in the report to the Legislature due February 1 under
  648  subsection (4)(d).
  649         (b) Every 5 years following the first month that an
  650  applicant receives a monthly distribution, the department must
  651  verify that the applicant is meeting the program requirements.
  652  If the applicant is not meeting program requirements, the
  653  department must notify the Governor and Legislature of the
  654  requirements not being met and must recommend future action as
  655  part of the report to the Legislature due February 1 pursuant to
  656  paragraph (4)(d). The department shall consider exceptions that
  657  may have prevented the applicant from meeting the program
  658  requirements. Such exceptions include:
  659         1. Force majeure events.
  660         2. Significant economic downturn.
  661         3. Other extenuating circumstances.
  662         (10) AUDITS.—The Auditor General may conduct audits
  663  pursuant to s. 11.45 to verify the independent analysis required
  664  under paragraphs (6)(b) and (7)(c) and to verify that the
  665  distributions are expended as required. The Auditor General
  666  shall report the findings to the department. If the Auditor
  667  General determines that the distribution payments are not
  668  expended as required, the Auditor General must notify the
  669  Department of Revenue, which may pursue recovery of
  670  distributions under the laws and rules that govern the
  671  assessment of taxes.
  672         (11) APPLICATION RELATED TO SIGNATURE EVENT.—If an
  673  applicant intends to apply, before the 2014 Regular Session, for
  674  a signature event for which state funds for a project are
  675  requested, the applicant may apply for the program after May 1,
  676  2013. The department must review the application and recommend
  677  approval to the Legislature. The Legislative Budget Commission
  678  may approve such applications. A distribution to an applicant is
  679  conditioned upon award of the signature event for which the
  680  applicant applied and which was the basis of the application
  681  under this subsection. State funds may not be distributed until
  682  the department has notified the Department of Revenue that the
  683  applicant was approved by the Legislative Budget Commission and
  684  certified by the department. An applicant certified under this
  685  subsection is subject to the provisions and requirements of this
  686  section. An applicant that fails to meet the conditions of this
  687  subsection may reapply during future application periods.
  688         (12) REPAYMENT OF DISTRIBUTIONS.—An applicant that is
  689  certified under this section may be subject to repayment of
  690  distributions upon the occurrence of any of the following:
  691         (a) An applicant’s beneficiary has broken the terms of its
  692  agreement with the applicant and relocated from the facility.
  693  The beneficiary must reimburse the state for state funds that
  694  have been distributed and will be distributed if the beneficiary
  695  relocates before the agreement expires.
  696         (b) The department has determined that an applicant has
  697  submitted any information or made a representation that is
  698  determined to be false, misleading, deceptive, or otherwise
  699  untrue. The applicant must reimburse the state for state funds
  700  that have been distributed and will be distributed if such
  701  determination is made.
  702         (13) HALTING OF PAYMENTS.—The applicant may request to halt
  703  future distributions by providing the department with written
  704  notice at least 20 days prior to the next monthly distribution
  705  payment. The department must immediately notify the Department
  706  of Revenue to halt future payments.
  707         (14) RULEMAKING.—The department may adopt rules to
  708  implement this section.
  709         Section 8. Contingent upon enactment of the Economic
  710  Development Program Evaluation as set forth in SB 406 or similar
  711  legislation, section 288.116255, Florida Statutes, is created to
  712  read:
  713         288.116255Sports Development Program evaluation.—Beginning
  714  in 2015, the Sports Development Program must be evaluated as
  715  part of the Economic Development Program Evaluation, and every 3
  716  years thereafter.
  717         Section 9. Subsections (2) and (3) of section 218.64,
  718  Florida Statutes, are amended to read:
  719         218.64 Local government half-cent sales tax; uses;
  720  limitations.—
  721         (2) Municipalities shall expend their portions of the local
  722  government half-cent sales tax only for municipality-wide
  723  programs, for reimbursing the state as required by a contract
  724  pursuant to s. 288.11625(7), or for municipality-wide property
  725  tax or municipal utility tax relief. All utility tax rate
  726  reductions afforded by participation in the local government
  727  half-cent sales tax shall be applied uniformly across all types
  728  of taxed utility services.
  729         (3) Subject to ordinances enacted by the majority of the
  730  members of the county governing authority and by the majority of
  731  the members of the governing authorities of municipalities
  732  representing at least 50 percent of the municipal population of
  733  such county, counties may use up to $2 $3 million annually of
  734  the local government half-cent sales tax allocated to that
  735  county for funding for any of the following applicants purposes:
  736         (a) Funding a certified applicant as a facility for a new
  737  or retained professional sports franchise under s. 288.1162 or a
  738  certified applicant as defined in s. 288.11621 for a facility
  739  for a spring training franchise. It is the Legislature’s intent
  740  that the provisions of s. 288.1162, including, but not limited
  741  to, the evaluation process by the Department of Economic
  742  Opportunity except for the limitation on the number of certified
  743  applicants or facilities as provided in that section and the
  744  restrictions set forth in s. 288.1162(8), shall apply to an
  745  applicant’s facility to be funded by local government as
  746  provided in this subsection.
  747         (b) Funding a certified applicant as a “motorsport
  748  entertainment complex,” as provided for in s. 288.1171. Funding
  749  for each franchise or motorsport complex shall begin 60 days
  750  after certification and shall continue for not more than 30
  751  years.
  752         (c) Reimbursing the state as required by a contract
  753  pursuant to s. 288.11625(7).
  754         Section 10. (1) The executive director of the Department of
  755  Economic Opportunity may, and all conditions are deemed met,
  756  adopt emergency rules pursuant to ss. 120.536(1) and 120.54(4),
  757  Florida Statutes, for the purpose of implementing this act.
  758         (2) Notwithstanding any provision of law, such emergency
  759  rules remain in effect for 6 months after the date adopted and
  760  may be renewed during the pendency of procedures to adopt
  761  permanent rules addressing the subject of the emergency rules.
  762         Section 11. This act shall take effect upon becoming a law.