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.