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,
andfor 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.