CODING: Words stricken are deletions; words underlined are additions.House Bill 0943c1
Florida House of Representatives - 1997 CS/HB 943
By the Committee on Tourism and Representative
Dawson-White
1 A bill to be entitled
2 An act relating to professional sports
3 franchises; amending s. 288.1162, F.S.;
4 revising the definition of "league" for
5 purposes of qualifying as a facility for a new
6 professional sports franchise or a facility for
7 a retained professional sports franchise;
8 defining "retained spring training franchise";
9 providing for certification of a retained
10 spring training franchise facility by the
11 Office of Tourism, Trade, and Economic
12 Development, upon determination that certain
13 requirements have been met; providing the uses
14 that such facility may make of funds provided
15 pursuant to s. 212.20, F.S.; increasing the
16 number of facilities that may be certified
17 under said section; providing for the creation
18 and maintenance of amateur sports fields by
19 certified applicants; providing that an
20 applicant certified as a retained spring
21 training franchise facility is required to have
22 a contract with the Department of Labor and
23 Employment Security for the hiring of WAGES
24 participants; providing contract requirements;
25 providing for an annual report on the extent of
26 WAGES hiring by the applicant; amending s.
27 212.20, F.S.; providing for a monthly
28 distribution of a portion of the revenues of
29 the tax on sales, use, and other transactions
30 to a certified retained spring training
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1 franchise facility for a specified period;
2 providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Section 288.1162, Florida Statutes, 1996
7 Supplement, is amended to read:
8 288.1162 Professional sports franchises; spring
9 training franchises; duties.--
10 (1) The Office of Tourism, Trade, and Economic
11 Development shall serve as the state agency for screening
12 applicants for state funding pursuant to s. 212.20 and for
13 certifying an applicant as a "facility for a new professional
14 sports franchise," a "facility for a retained professional
15 sports franchise," or a "new spring training franchise
16 facility,." or a "retained spring training franchise
17 facility."
18 (2) The Office of Tourism, Trade, and Economic
19 Development shall develop rules for the receipt and processing
20 of applications for funding pursuant to s. 212.20.
21 (3) As used in this section:
22 (a) "New professional sports franchise" means a
23 professional sports franchise that is not based in this state
24 prior to April 1, 1987.
25 (b) "Retained professional sports franchise" means a
26 professional sports franchise that has had a league-authorized
27 location in this state on or before December 31, 1976, and has
28 continuously remained at that location, and has never been
29 located at a facility that has been previously certified under
30 any provision of this section.
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1 (4) Prior to certifying an applicant as a "facility
2 for a new professional sports franchise" or a "facility for a
3 retained professional sports franchise," the Office of
4 Tourism, Trade, and Economic Development must determine that:
5 (a) A "unit of local government" as defined in s.
6 218.369 is responsible for the construction, management, or
7 operation of the professional sports franchise facility or
8 holds title to the property on which the professional sports
9 franchise facility is located.
10 (b) The applicant has a verified copy of a signed
11 agreement with a new professional sports franchise for the use
12 of the facility for a term of at least 10 years, or in the
13 case of a retained professional sports franchise, an agreement
14 for use of the facility for a term of at least 20 years.
15 (c) The applicant has a verified copy of the approval
16 from the governing authority of the league in which the new
17 professional sports franchise exists authorizing the location
18 of the professional sports franchise in this state after April
19 1, 1987, or in the case of a retained professional sports
20 franchise, verified evidence that it has had a
21 league-authorized location in this state on or before December
22 31, 1976. The term "league" means the National League or the
23 American League of Major League Baseball, the National
24 Basketball Association, the National Football League, the
25 Major League Soccer, or the National Hockey League.
26 (d) The applicant has projections, verified by the
27 Office of Tourism, Trade, and Economic Development, which
28 demonstrate that the new or retained professional sports
29 franchise will attract a paid attendance of more than 300,000
30 annually.
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1 (e) The applicant has an independent analysis or
2 study, verified by the Office of Tourism, Trade, and Economic
3 Development, which demonstrates that the amount of the
4 revenues generated by the taxes imposed under part I of
5 chapter 212 with respect to the use and operation of the
6 professional sports franchise facility will equal or exceed $2
7 million annually.
8 (f) The municipality in which the facility for a new
9 or retained professional sports franchise is located, or the
10 county if the facility for a new or retained professional
11 sports franchise is located in an unincorporated area, has
12 certified by resolution after a public hearing that the
13 application serves a public purpose.
14 (g) The applicant has demonstrated that it has
15 provided, is capable of providing, or has financial or other
16 commitments to provide more than one-half of the costs
17 incurred or related to the improvement and development of the
18 facility.
19 (h) No applicant previously certified under any
20 provision of this section who has received funding under such
21 certification shall be eligible for an additional
22 certification.
23 (5) As used in this section:,
24 (a) "New spring training franchise" means a spring
25 training franchise that is not based in this state prior to
26 July 1, 1990.
27 (b) "Retained spring training franchise" means a
28 spring training franchise that located in this state in 1955,
29 that replaced a spring training franchise which had been
30 located continuously at the same publicly owned stadium for 33
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1 years, and that does not play its regular major league
2 baseball season games in the same city in which it trains.
3 (6) Prior to certifying an applicant as a "new spring
4 training franchise facility," the Office of Tourism, Trade,
5 and Economic Development must determine that:
6 (a) A "unit of local government" as defined in s.
7 218.369 is responsible for the construction, management, or
8 operation of the new spring training franchise facility or
9 holds title to the property on which the new spring training
10 franchise facility is located.
11 (b) The applicant has a verified copy of a signed
12 agreement with a new spring training franchise for the use of
13 the facility for a term of at least 15 years.
14 (c) The applicant has a financial commitment to
15 provide 50 percent or more of the funds required by an
16 agreement for the use of the facility by the new spring
17 training franchise.
18 (d) The proposed facility for the new spring training
19 franchise is located within 20 miles of an interstate or other
20 limited-access highway system.
21 (e) The applicant has projections, verified by the
22 Office of Tourism, Trade, and Economic Development, which
23 demonstrate that the new spring training franchise facility
24 will attract a paid attendance of at least 50,000 annually.
25 (f) The new spring training franchise facility is
26 located in a county that is levying a tourist development tax
27 pursuant to s. 125.0104(3)(b), (c), (d), and (l), at the rate
28 of 4 percent by March 1, 1992, and, 87.5 percent of the
29 proceeds from such tax are dedicated for the construction of a
30 spring training complex.
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1 (7)(a) Prior to certifying an applicant as a "retained
2 spring training franchise facility," the Office of Tourism,
3 Trade, and Economic Development must determine that:
4 1. A unit of local government, as defined in s.
5 218.369, is responsible for the construction, management, or
6 operation of the retained spring training franchise facility
7 or holds title to the property on which the retained spring
8 training franchise facility is located.
9 2. The retained spring training franchise will conduct
10 additional training activities at a different site within the
11 county in which the retained spring training franchise
12 facility is located.
13 3. The applicant has projections, verified by the
14 Office of Tourism, Trade, and Economic Development, which
15 demonstrate that the amount of the revenues generated by the
16 taxes imposed under chapter 212 with respect to the use and
17 operation of the retained spring training franchise facility
18 will equal or exceed $1.2 million annually.
19 4. The retained spring training franchise will sign a
20 lease agreement for a period of no less than 15 years with the
21 applicant at the completion of its existing short-term
22 agreement.
23 (b) The Office of Tourism, Trade, and Economic
24 Development shall consider the value of the land and the
25 existing stadium towards any required contribution by the
26 applicant for costs incurred or related to the improvement and
27 development of the facility.
28 (8)(7) An applicant certified as a facility for a new
29 professional sports franchise or a facility for a retained
30 professional sports franchise or as a new spring training
31 franchise facility or a retained spring training franchise
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1 facility may use funds provided pursuant to s. 212.20 only for
2 the public purpose of paying for the construction,
3 reconstruction, or renovation of a facility for a new
4 professional sports franchise, a facility for a retained
5 professional sports franchise, or a new spring training
6 franchise facility, or a retained spring training franchise
7 facility or to pay or pledge for the payment of debt service
8 on, or to fund debt service reserve funds, arbitrage rebate
9 obligations, or other amounts payable with respect to, bonds
10 issued for the construction, reconstruction, or renovation of
11 such facility or for the reimbursement of such costs or the
12 refinancing of bonds issued for such purposes.
13 (9)(8) The Office of Tourism, Trade, and Economic
14 Development shall notify the Department of Revenue of any
15 facility certified as a facility for a new professional sports
16 franchise or a facility for a retained professional sports
17 franchise or as a new spring training franchise facility or a
18 retained spring training franchise facility. The Office of
19 Tourism, Trade, and Economic Development may certify no more
20 than 10 eight facilities as facilities for a new professional
21 sports franchise, as facilities for a retained professional
22 sports franchise, or as new spring training franchise
23 facilities, or as retained spring training franchise
24 facilities, including in such total any facilities certified
25 by the Department of Commerce before July 1, 1996. The office
26 may make no more than one certification for any facility, and
27 shall make no more than one certification for a retained
28 spring training franchise facility.
29 (10)(9) The Department of Revenue may audit as
30 provided in s. 213.34 to verify that the distributions
31 pursuant to this section have been expended as required in
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1 this section. Such information is subject to the
2 confidentiality requirements of chapter 213. If the Department
3 of Revenue determines that the distributions pursuant to this
4 section have not been expended as required by this section, it
5 may pursue recovery of such funds pursuant to the laws and
6 rules governing the assessment of taxes.
7 (11)(10) An applicant shall not be qualified for
8 certification under this section if the franchise formed the
9 basis for a previous certification, unless the previous
10 certification was withdrawn by the facility or invalidated by
11 the Office of Tourism, Trade, and Economic Development or the
12 Department of Commerce before any funds were distributed
13 pursuant to s. 212.20. This subsection does not disqualify an
14 applicant if the previous certification occurred between May
15 23, 1993, and May 25, 1993; however, any funds to be
16 distributed pursuant to s. 212.20 for the second certification
17 shall be offset by the amount distributed to the previous
18 certified facility. Distribution of funds for the second
19 certification shall not be made until all amounts payable for
20 the first certification have been distributed.
21 (12) An applicant certified by this section after July
22 1, 1997, shall fund the creation and maintenance of fields for
23 amateur sports activities as recommended by the county in
24 which the applicant's certified facility is located. These
25 amateur sports fields shall include, but not be limited to,
26 those used for soccer, baseball, softball, basketball, or
27 football. These fields shall be open to the public without
28 charge and may be publicly owned and operated.
29 (13) The Office of Tourism, Trade, and Economic
30 Development shall, in addition to any other requirements of
31 this section, determine that an applicant which has been
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1 certified under this section as a retained spring training
2 franchise facility has entered into a contract with the
3 Department of Labor and Employment Security in which the
4 applicant agrees to register with the Work and Gain Economic
5 Self-Sufficiency (WAGES) Program Business Registry established
6 by the local WAGES coalition for the area in which the
7 applicant is located. Such contract shall further provide
8 that the applicant shall hire WAGES program participants to
9 the maximum extent possible and shall provide for appropriate
10 monitoring and training of such employees. The applicant
11 shall agree to employ a specified number of WAGES participants
12 in each year that it receives a distribution under s. 212.20.
13 The number of WAGES participants to be employed by the
14 applicant shall be based upon the applicant's good faith
15 efforts, workforce availability, suitable jobs, and in keeping
16 with the facility's minimum standards of employment as
17 provided in the contract with the department. The applicant
18 may renegotiate the contract and employ fewer program
19 participants if the applicant demonstrates to the satisfaction
20 of the department that due to economic conditions or the
21 nature of its business in a given year the requirement to hire
22 the specified number of employees is unattainable. Each
23 applicant subject to the requirements of this subsection shall
24 report to the Governor, the Speaker of the House of
25 Representatives, and the President of the Senate by December
26 31 of each year in which the applicant receives a distribution
27 under s. 212.20 on the extent to which its employees are WAGES
28 participants.
29 Section 2. Paragraph (f) of subsection (6) of section
30 212.20, Florida Statutes, 1996 Supplement, is amended to read:
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1 212.20 Funds collected, disposition; additional powers
2 of department; operational expense; refund of taxes
3 adjudicated unconstitutionally collected.--
4 (6) Distribution of all proceeds under this part shall
5 be as follows:
6 (f) The proceeds of all other taxes and fees imposed
7 pursuant to this part shall be distributed as follows:
8 1. In any fiscal year, the greater of $500 million,
9 minus an amount equal to 4.6 percent of the proceeds of the
10 taxes collected pursuant to chapter 201, or 5 percent of all
11 other taxes and fees imposed pursuant to this part shall be
12 deposited in monthly installments into the General Revenue
13 Fund.
14 2. Two-tenths of one percent shall be transferred to
15 the Solid Waste Management Trust Fund.
16 3. After the distribution under subparagraphs 1. and
17 2., 9.653 percent of the amount remitted by a sales tax dealer
18 located within a participating county pursuant to s. 218.61
19 shall be transferred into the Local Government Half-cent Sales
20 Tax Clearing Trust Fund.
21 4. After the distribution under subparagraphs 1., 2.,
22 and 3., 0.054 percent shall be transferred to the Local
23 Government Half-cent Sales Tax Clearing Trust Fund and
24 distributed pursuant to s. 218.65.
25 5. Of the remaining proceeds:
26 a. Beginning July 1, 1992, $166,667 shall be
27 distributed monthly by the department to each applicant that
28 has been certified as a "facility for a new professional
29 sports franchise" or a "facility for a retained professional
30 sports franchise" pursuant to s. 288.1162, $102,202 shall be
31 distributed monthly by the department to each applicant that
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1 has been certified as a "facility for a retained spring
2 training franchise" pursuant to s. 288.1162, and $41,667 shall
3 be distributed monthly by the department to each applicant
4 that has been certified as a "new spring training franchise
5 facility" pursuant to s. 288.1162. Distributions shall begin
6 60 days following such certification and shall continue for 30
7 years. Nothing contained herein shall be construed to allow an
8 applicant certified pursuant to s. 288.1162 to receive more in
9 distributions than actually expended by the applicant for the
10 public purposes provided for in s. 288.1162(8)(7). However, a
11 certified applicant shall receive distributions up to the
12 maximum amount allowable and undistributed under this section
13 for additional renovations and improvements to the facility
14 for the franchise without additional certification.
15 b. Beginning 30 days after notice by the Office of
16 Tourism, Trade, and Economic Development to the Department of
17 Revenue that an applicant has been certified as the
18 professional golf hall of fame pursuant to s. 288.1168 and is
19 open to the public, $166,667 shall be distributed monthly, for
20 up to 300 months, to the applicant.
21 c. Beginning 30 days after notice by the Department of
22 Commerce to the Department of Revenue that the applicant has
23 been certified as the International Game Fish Association
24 World Center facility pursuant to s. 288.1169, and the
25 facility is open to the public, $83,333 shall be distributed
26 monthly, for up to 180 months, to the applicant. This
27 distribution is subject to reduction pursuant to s. 288.1169.
28 6. All other proceeds shall remain with the General
29 Revenue Fund.
30 Section 3. This act shall take effect July 1, 1997.
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