Senate Bill 1770

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 1770

    By Senator Bronson





    18-1188-99

  1                      A bill to be entitled

  2         An act relating to commercial development and

  3         capital improvements; creating s. 288.1175,

  4         F.S.; providing for funding an Opryland

  5         facility; providing qualification requirements

  6         and application procedures; providing for

  7         audits and recertification; amending s. 212.20,

  8         F.S.; providing for the distribution of funds

  9         to an Opryland facility applicant; providing an

10         effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Section 288.1175, Florida Statutes, is

15  created to read:

16         288.1175  Opryland facility; duties.--

17         (1)  The Office for Tourism, Trade, and Economic

18  Development shall screen applicants for state funding pursuant

19  to s. 212.20 and for certifying the applicant as the Opryland

20  facility.

21         (2)  Before certifying the Opryland facility, the

22  office must determine that:

23         (a)  The Opryland facility is the only facility of its

24  kind in this state having 200,000 square feet of exhibition

25  space, 150,000 square feet of ballroom and meeting space, and

26  a 20,000-square-foot 1,000-seat entertainment venue

27  surrounding a large indoor atrium having 36,000 square feet of

28  food and beverage space.

29         (b)  The applicant is a unit of local government, as

30  defined in s. 218.369, and has certified by resolution after a

31  public hearing that the application serves a public purpose.

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1770
    18-1188-99




  1         (c)  There are existing projections that the Opryland

  2  facility will attract over 200,000 convention attendees and

  3  visitors annually.

  4         (d)  There is an independent analysis or study, using

  5  methodology approved by the office, which demonstrates that

  6  the amount of revenues generated by the taxes imposed under

  7  chapter 212 with respect to the use and operation of the

  8  Opryland facility will equal or exceed $2 million annually.

  9         (e)  Documentation exists that demonstrates that the

10  applicant has a financial commitment to the project, through a

11  public-improvement partnership agreement, of up to $35

12  million.

13         (3)  The applicant that is certified may use funds

14  provided under s. 212.20 for the public purpose of paying for

15  construction, reconstruction, renovation, debt service and

16  debt service reserve funds, and for operations, maintenance or

17  repair, and replacement costs associated with any toll road on

18  which the facility relies for access.

19         (4)  Upon determining that an applicant is or is not

20  certifiable, the office shall notify the applicant of its

21  status by means of an official letter. If certifiable, the

22  office shall notify the executive director of the Department

23  of Revenue and the applicant of such certification by an

24  official letter granting certification. From the date of such

25  certification, the applicant shall have 5 years within which

26  to notify the office that the Opryland facility has opened to

27  the public. The Department of Revenue may not begin

28  distributing funds until 30 days after notice has been

29  received by the office that the facility is open to the

30  public.

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1770
    18-1188-99




  1         (5)  The Department of Revenue may audit, as provided

  2  in s. 213.34, to verify that the distributions have been

  3  expended as required by this section.

  4         (6)  The office must recertify every 10 years that the

  5  facility is open and is meeting the minimum projections for

  6  attendance or sales tax revenue as required at the time of

  7  original certification. If the facility is not certified as

  8  meeting the minimum projections, the distribution of revenues

  9  pursuant to s. 212.20(6)(f)5.d. must be reduced by 50 percent.

10  Such reduction shall remain in effect until revenues generated

11  by the facility in a 12-month period equal or exceed $2

12  million.

13         Section 2.  Paragraph (f) of subsection (6) of section

14  212.20, Florida Statutes, 1998 Supplement, is amended to read:

15         212.20  Funds collected, disposition; additional powers

16  of department; operational expense; refund of taxes

17  adjudicated unconstitutionally collected.--

18         (6)  Distribution of all proceeds under this chapter

19  shall be as follows:

20         (f)  The proceeds of all other taxes and fees imposed

21  pursuant to this chapter shall be distributed as follows:

22         1.  In any fiscal year, the greater of $500 million,

23  minus an amount equal to 4.6 percent of the proceeds of the

24  taxes collected pursuant to chapter 201, or 5 percent of all

25  other taxes and fees imposed pursuant to this chapter shall be

26  deposited in monthly installments into the General Revenue

27  Fund.

28         2.  Two-tenths of one percent shall be transferred to

29  the Solid Waste Management Trust Fund.

30         3.  After the distribution under subparagraphs 1. and

31  2., 9.653 percent of the amount remitted by a sales tax dealer

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1770
    18-1188-99




  1  located within a participating county pursuant to s. 218.61

  2  shall be transferred into the Local Government Half-cent Sales

  3  Tax Clearing Trust Fund.

  4         4.  After the distribution under subparagraphs 1., 2.,

  5  and 3., 0.054 percent shall be transferred to the Local

  6  Government Half-cent Sales Tax Clearing Trust Fund and

  7  distributed pursuant to s. 218.65.

  8         5.  Of the remaining proceeds:

  9         a.  Beginning July 1, 1992, $166,667 shall be

10  distributed monthly by the department to each applicant that

11  has been certified as a "facility for a new professional

12  sports franchise" or a "facility for a retained professional

13  sports franchise" pursuant to s. 288.1162 and $41,667 shall be

14  distributed monthly by the department to each applicant that

15  has been certified as a "new spring training franchise

16  facility" pursuant to s. 288.1162. Distributions shall begin

17  60 days following such certification and shall continue for 30

18  years. Nothing contained herein shall be construed to allow an

19  applicant certified pursuant to s. 288.1162 to receive more in

20  distributions than actually expended by the applicant for the

21  public purposes provided for in s. 288.1162(7). However, a

22  certified applicant shall receive distributions up to the

23  maximum amount allowable and undistributed under this section

24  for additional renovations and improvements to the facility

25  for the franchise without additional certification.

26         b.  Beginning 30 days after notice by the Office of

27  Tourism, Trade, and Economic Development to the Department of

28  Revenue that an applicant has been certified as the

29  professional golf hall of fame pursuant to s. 288.1168 and is

30  open to the public, $166,667 shall be distributed monthly, for

31  up to 300 months, to the applicant.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1770
    18-1188-99




  1         c.  Beginning 30 days after notice by the Office of

  2  Tourism, Trade, and Economic Development Department of

  3  Commerce to the Department of Revenue that the applicant has

  4  been certified as an Opryland facility pursuant to s. 288.1175

  5  the International Game Fish Association World Center facility

  6  pursuant to s. 288.1169, and that the facility is open to the

  7  public, $166,667 $83,333 shall be distributed monthly, for up

  8  to 300 180 months, to the applicant.  This distribution is

  9  subject to reduction pursuant to s. 288.1169.

10         6.  All other proceeds shall remain with the General

11  Revenue Fund.

12         Section 3.  This act shall take effect July 1, 1999.

13

14            *****************************************

15                          SENATE SUMMARY

16    Provides qualification requirements and application
      procedures for funding an Opryland facility. Provides for
17    the distribution of funds to an applicant. (See bill for
      details.)
18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5