Florida Senate - 2013                              CS for SB 922
       
       
       
       By the Committee on Commerce and Tourism; and Senators Bradley,
       Bean, Dean, Thrasher, and Gibson
       
       
       
       577-02584-13                                           2013922c1
    1                        A bill to be entitled                      
    2         An act relating to professional sports franchise
    3         facilities; amending ss. 288.1162 and 212.20, F.S.;
    4         authorizing an applicant previously certified as a
    5         facility for a new or retained professional sports
    6         franchise to receive an additional certification under
    7         certain circumstances, and to receive an additional
    8         monthly distribution of a specified amount of sales
    9         tax revenues to improve the condition of the facility
   10         to meet or exceed certain facility standards;
   11         providing that the Department of Economic Opportunity
   12         administer the certification program; defining the
   13         term “facility standards”; requiring the Department of
   14         Economic Opportunity to notify the Department of
   15         Revenue of applicants that receive an additional
   16         certification; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsections (1) and (5) are amended and
   21  subsection (9) is added to section 288.1162, Florida Statutes,
   22  to read:
   23         288.1162 Professional sports franchises; duties.—
   24         (1) The department shall serve as the state agency for
   25  screening applicants for state funding under s. 212.20, and for
   26  certifying an applicant as a facility for a new or retained
   27  professional sports franchise, and certifying an applicant under
   28  subsection (9).
   29         (5) An applicant certified as a facility for a new or
   30  retained professional sports franchise or an applicant certified
   31  under subsection (9) may use funds provided under s. 212.20 only
   32  for the public purpose of paying for the acquisition,
   33  construction, reconstruction, or renovation of a facility for a
   34  new or retained professional sports franchise to pay or pledge
   35  for the payment of debt service on, or to fund debt service
   36  reserve funds, arbitrage rebate obligations, or other amounts
   37  payable with respect to, bonds issued for the acquisition,
   38  construction, reconstruction, or renovation of such facility or
   39  for the reimbursement of such costs or the refinancing of bonds
   40  issued for such purposes.
   41         (9)(a) Notwithstanding subsections (4), (6), and (8), an
   42  applicant previously certified under this section as a facility
   43  for a new or retained professional sports franchise is eligible
   44  for an additional certification for the public purpose of making
   45  improvements to the facility in order to meet or exceed the
   46  league’s facility standards, if:
   47         1. The cost of the planned improvements to the facility is
   48  at least $80 million.
   49         2. The professional sports franchise has been in existence
   50  for at least 15 years.
   51         3. The signed agreement for use of the facility described
   52  in paragraph (4)(b) has at least 15 years remaining in the
   53  agreement’s term.
   54         4. The applicant has an independent analysis or study,
   55  verified by the department, which demonstrates that the amount
   56  of revenues generated by the taxes imposed under chapter 212
   57  with respect to the use and operation of the professional sports
   58  franchise facility will equal or exceed $4 million annually.
   59         (b) As used in this subsection, the term “facility
   60  standards” means the stadium equipment standards in place
   61  throughout the league as certified in writing by the league’s
   62  commissioner.
   63         (c) The department shall notify the Department of Revenue
   64  of any facility certified under this subsection.
   65         Section 2. Paragraph (d) of subsection (6) of section
   66  212.20, Florida Statutes, is amended to read:
   67         212.20 Funds collected, disposition; additional powers of
   68  department; operational expense; refund of taxes adjudicated
   69  unconstitutionally collected.—
   70         (6) Distribution of all proceeds under this chapter and s.
   71  202.18(1)(b) and (2)(b) shall be as follows:
   72         (d) The proceeds of all other taxes and fees imposed
   73  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
   74  and (2)(b) shall be distributed as follows:
   75         1. In any fiscal year, the greater of $500 million, minus
   76  an amount equal to 4.6 percent of the proceeds of the taxes
   77  collected pursuant to chapter 201, or 5.2 percent of all other
   78  taxes and fees imposed pursuant to this chapter or remitted
   79  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
   80  monthly installments into the General Revenue Fund.
   81         2. After the distribution under subparagraph 1., 8.814
   82  percent of the amount remitted by a sales tax dealer located
   83  within a participating county pursuant to s. 218.61 shall be
   84  transferred into the Local Government Half-cent Sales Tax
   85  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
   86  transferred shall be reduced by 0.1 percent, and the department
   87  shall distribute this amount to the Public Employees Relations
   88  Commission Trust Fund less $5,000 each month, which shall be
   89  added to the amount calculated in subparagraph 3. and
   90  distributed accordingly.
   91         3. After the distribution under subparagraphs 1. and 2.,
   92  0.095 percent shall be transferred to the Local Government Half
   93  cent Sales Tax Clearing Trust Fund and distributed pursuant to
   94  s. 218.65.
   95         4. After the distributions under subparagraphs 1., 2., and
   96  3., 2.0440 percent of the available proceeds shall be
   97  transferred monthly to the Revenue Sharing Trust Fund for
   98  Counties pursuant to s. 218.215.
   99         5. After the distributions under subparagraphs 1., 2., and
  100  3., 1.3409 percent of the available proceeds shall be
  101  transferred monthly to the Revenue Sharing Trust Fund for
  102  Municipalities pursuant to s. 218.215. If the total revenue to
  103  be distributed pursuant to this subparagraph is at least as
  104  great as the amount due from the Revenue Sharing Trust Fund for
  105  Municipalities and the former Municipal Financial Assistance
  106  Trust Fund in state fiscal year 1999-2000, no municipality shall
  107  receive less than the amount due from the Revenue Sharing Trust
  108  Fund for Municipalities and the former Municipal Financial
  109  Assistance Trust Fund in state fiscal year 1999-2000. If the
  110  total proceeds to be distributed are less than the amount
  111  received in combination from the Revenue Sharing Trust Fund for
  112  Municipalities and the former Municipal Financial Assistance
  113  Trust Fund in state fiscal year 1999-2000, each municipality
  114  shall receive an amount proportionate to the amount it was due
  115  in state fiscal year 1999-2000.
  116         6. Of the remaining proceeds:
  117         a. In each fiscal year, the sum of $29,915,500 shall be
  118  divided into as many equal parts as there are counties in the
  119  state, and one part shall be distributed to each county. The
  120  distribution among the several counties must begin each fiscal
  121  year on or before January 5th and continue monthly for a total
  122  of 4 months. If a local or special law required that any moneys
  123  accruing to a county in fiscal year 1999-2000 under the then
  124  existing provisions of s. 550.135 be paid directly to the
  125  district school board, special district, or a municipal
  126  government, such payment must continue until the local or
  127  special law is amended or repealed. The state covenants with
  128  holders of bonds or other instruments of indebtedness issued by
  129  local governments, special districts, or district school boards
  130  before July 1, 2000, that it is not the intent of this
  131  subparagraph to adversely affect the rights of those holders or
  132  relieve local governments, special districts, or district school
  133  boards of the duty to meet their obligations as a result of
  134  previous pledges or assignments or trusts entered into which
  135  obligated funds received from the distribution to county
  136  governments under then-existing s. 550.135. This distribution
  137  specifically is in lieu of funds distributed under s. 550.135
  138  before July 1, 2000.
  139         b. The department shall distribute $166,667 monthly
  140  pursuant to s. 288.1162 to each applicant certified as a
  141  facility for a new or retained professional sports franchise
  142  pursuant to s. 288.1162, and $166,667 monthly to each applicant
  143  that receives an additional certification pursuant to s.
  144  288.1162(9). Up to $41,667 shall be distributed monthly by the
  145  department to each certified applicant as defined in s.
  146  288.11621 for a facility for a spring training franchise.
  147  However, not more than $416,670 may be distributed monthly in
  148  the aggregate to all certified applicants for facilities for
  149  spring training franchises. Distributions begin 60 days after
  150  such certification and continue for not more than 30 years,
  151  except as otherwise provided in s. 288.11621. A certified
  152  applicant identified in this sub-subparagraph may not receive
  153  more in distributions than expended by the applicant for the
  154  public purposes provided for in s. 288.1162(5) or s.
  155  288.11621(3).
  156         c. Beginning 30 days after notice by the Department of
  157  Economic Opportunity to the Department of Revenue that an
  158  applicant has been certified as the professional golf hall of
  159  fame pursuant to s. 288.1168 and is open to the public, $166,667
  160  shall be distributed monthly, for up to 300 months, to the
  161  applicant.
  162         d. Beginning 30 days after notice by the Department of
  163  Economic Opportunity to the Department of Revenue that the
  164  applicant has been certified as the International Game Fish
  165  Association World Center facility pursuant to s. 288.1169, and
  166  the facility is open to the public, $83,333 shall be distributed
  167  monthly, for up to 168 months, to the applicant. This
  168  distribution is subject to reduction pursuant to s. 288.1169. A
  169  lump sum payment of $999,996 shall be made, after certification
  170  and before July 1, 2000.
  171         7. All other proceeds must remain in the General Revenue
  172  Fund.
  173         Section 3. This act shall take effect upon becoming law.