Florida Senate - 2013 SB 922 By Senator Bradley 7-00429-13 2013922__ 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 a monthly 8 distribution of a specified amount of sales tax 9 revenues, to improve the conditions of the facility to 10 meet or exceed certain facility standards; defining 11 the term “facility standards”; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsection (9) is added to section 288.1162, 17 Florida Statutes, to read: 18 288.1162 Professional sports franchises; duties.— 19 (9)(a) Notwithstanding any provision of this section, an 20 applicant previously certified under this section as a facility 21 for a new or retained professional sports franchise is eligible 22 for an additional certification for the public purpose of making 23 improvements to the facility in order to meet or exceed the 24 league’s facility standards, if: 25 1. The cost of the planned improvements to the facility is 26 at least $80 million. 27 2. The professional sports franchise has been in existence 28 for at least 15 years. 29 3. The signed agreement for use of the facility described 30 in paragraph (4)(b) has at least 15 years remaining on the 31 agreement’s term. 32 4. The applicant has an independent analysis or study, 33 verified by the department, which demonstrates that the amount 34 of the revenues generated by the taxes imposed under chapter 212 35 with respect to the use and operation of the professional sports 36 franchise facility will equal or exceed $4 million annually. 37 (b) As used in this subsection, the term “facility 38 standards” means the stadium equipment standards in place 39 throughout the league as certified in writing by the league’s 40 commissioner. 41 Section 2. Paragraph (d) of subsection (6) of section 42 212.20, Florida Statutes, is amended to read: 43 212.20 Funds collected, disposition; additional powers of 44 department; operational expense; refund of taxes adjudicated 45 unconstitutionally collected.— 46 (6) Distribution of all proceeds under this chapter and s. 47 202.18(1)(b) and (2)(b) shall be as follows: 48 (d) The proceeds of all other taxes and fees imposed 49 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) 50 and (2)(b) shall be distributed as follows: 51 1. In any fiscal year, the greater of $500 million, minus 52 an amount equal to 4.6 percent of the proceeds of the taxes 53 collected pursuant to chapter 201, or 5.2 percent of all other 54 taxes and fees imposed pursuant to this chapter or remitted 55 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in 56 monthly installments into the General Revenue Fund. 57 2. After the distribution under subparagraph 1., 8.814 58 percent of the amount remitted by a sales tax dealer located 59 within a participating county pursuant to s. 218.61 shall be 60 transferred into the Local Government Half-cent Sales Tax 61 Clearing Trust Fund. Beginning July 1, 2003, the amount to be 62 transferred shall be reduced by 0.1 percent, and the department 63 shall distribute this amount to the Public Employees Relations 64 Commission Trust Fund less $5,000 each month, which shall be 65 added to the amount calculated in subparagraph 3. and 66 distributed accordingly. 67 3. After the distribution under subparagraphs 1. and 2., 68 0.095 percent shall be transferred to the Local Government Half 69 cent Sales Tax Clearing Trust Fund and distributed pursuant to 70 s. 218.65. 71 4. After the distributions under subparagraphs 1., 2., and 72 3., 2.0440 percent of the available proceeds shall be 73 transferred monthly to the Revenue Sharing Trust Fund for 74 Counties pursuant to s. 218.215. 75 5. After the distributions under subparagraphs 1., 2., and 76 3., 1.3409 percent of the available proceeds shall be 77 transferred monthly to the Revenue Sharing Trust Fund for 78 Municipalities pursuant to s. 218.215. If the total revenue to 79 be distributed pursuant to this subparagraph is at least as 80 great as the amount due from the Revenue Sharing Trust Fund for 81 Municipalities and the former Municipal Financial Assistance 82 Trust Fund in state fiscal year 1999-2000, no municipality shall 83 receive less than the amount due from the Revenue Sharing Trust 84 Fund for Municipalities and the former Municipal Financial 85 Assistance Trust Fund in state fiscal year 1999-2000. If the 86 total proceeds to be distributed are less than the amount 87 received in combination from the Revenue Sharing Trust Fund for 88 Municipalities and the former Municipal Financial Assistance 89 Trust Fund in state fiscal year 1999-2000, each municipality 90 shall receive an amount proportionate to the amount it was due 91 in state fiscal year 1999-2000. 92 6. Of the remaining proceeds: 93 a. In each fiscal year, the sum of $29,915,500 shall be 94 divided into as many equal parts as there are counties in the 95 state, and one part shall be distributed to each county. The 96 distribution among the several counties must begin each fiscal 97 year on or before January 5th and continue monthly for a total 98 of 4 months. If a local or special law required that any moneys 99 accruing to a county in fiscal year 1999-2000 under the then 100 existing provisions of s. 550.135 be paid directly to the 101 district school board, special district, or a municipal 102 government, such payment must continue until the local or 103 special law is amended or repealed. The state covenants with 104 holders of bonds or other instruments of indebtedness issued by 105 local governments, special districts, or district school boards 106 before July 1, 2000, that it is not the intent of this 107 subparagraph to adversely affect the rights of those holders or 108 relieve local governments, special districts, or district school 109 boards of the duty to meet their obligations as a result of 110 previous pledges or assignments or trusts entered into which 111 obligated funds received from the distribution to county 112 governments under then-existing s. 550.135. This distribution 113 specifically is in lieu of funds distributed under s. 550.135 114 before July 1, 2000. 115 b. The department shall distribute $166,667 monthly 116 pursuant to s. 288.1162 to each applicant certified as a 117 facility for a new or retained professional sports franchise 118 pursuant to s. 288.1162, including any applicant that receives 119 an additional certification pursuant to s. 288.1162(9). Up to 120 $41,667 shall be distributed monthly by the department to each 121 certified applicant as defined in s. 288.11621 for a facility 122 for a spring training franchise. However, not more than $416,670 123 may be distributed monthly in the aggregate to all certified 124 applicants for facilities for spring training franchises. 125 Distributions begin 60 days after such certification and 126 continue for not more than 30 years, except as otherwise 127 provided in s. 288.11621. A certified applicant identified in 128 this sub-subparagraph may not receive more in distributions than 129 expended by the applicant for the public purposes provided for 130 in s. 288.1162(5) or s. 288.11621(3). 131 c. Beginning 30 days after notice by the Department of 132 Economic Opportunity to the Department of Revenue that an 133 applicant has been certified as the professional golf hall of 134 fame pursuant to s. 288.1168 and is open to the public, $166,667 135 shall be distributed monthly, for up to 300 months, to the 136 applicant. 137 d. Beginning 30 days after notice by the Department of 138 Economic Opportunity to the Department of Revenue that the 139 applicant has been certified as the International Game Fish 140 Association World Center facility pursuant to s. 288.1169, and 141 the facility is open to the public, $83,333 shall be distributed 142 monthly, for up to 168 months, to the applicant. This 143 distribution is subject to reduction pursuant to s. 288.1169. A 144 lump sum payment of $999,996 shall be made, after certification 145 and before July 1, 2000. 146 7. All other proceeds must remain in the General Revenue 147 Fund. 148 Section 3. This act shall take effect upon becoming a law.