House Bill 1439

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    Florida House of Representatives - 2000                HB 1439

        By Representative Sembler






  1                      A bill to be entitled

  2         An act relating to spring training facilities;

  3         amending s. 212.20, F.S.; providing for the

  4         distribution of specified sales tax proceeds

  5         for professional sports facilities; amending s.

  6         288.1162, F.S.; redefining the term "new spring

  7         training franchise"; directing the Department

  8         of Tourism, Trade, and Economic Development to

  9         provide funding for a limited number of

10         facilities for retained spring training

11         franchises; providing criteria for setting

12         priorities; providing an effective date.

13

14         WHEREAS, Major League Baseball Spring Training has been

15  a part of Florida's history since the early 1900's with teams

16  such as the 1999 World Champion New York Yankees training in

17  this state continuously since 1919, and

18         WHEREAS, each year over 1.5 million fans enjoy Major

19  League Baseball Spring Training games at the 19 spring

20  training facilities located around the state which contributes

21  over $300 million in economic impact to our state's economy,

22  and

23         WHEREAS, Major League Baseball Spring Training is an

24  integral part of Florida's history and our economy and has a

25  rich tradition of offering affordable entertainment to

26  Florida's visitors, our children, and our seniors, NOW,

27  THEREFORE,

28

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

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  1         Section 1.  Paragraph (f) of subsection (5) of section

  2  212.20, Florida Statutes, is amended to read:

  3         212.20  Funds collected, disposition; additional powers

  4  of department; operational expense; refund of taxes

  5  adjudicated unconstitutionally collected.--

  6         (5)  For the purposes of this section:

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

  8  pursuant to this chapter shall be distributed as follows:

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

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

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

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

13  deposited in monthly installments into the General Revenue

14  Fund.

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

16  the Solid Waste Management Trust Fund.

17         3.  After the distribution under subparagraphs 1. and

18  2., 9.653 percent of the amount remitted by a sales tax dealer

19  located within a participating county pursuant to s. 218.61

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

21  Tax Clearing Trust Fund.

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

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

24  Government Half-cent Sales Tax Clearing Trust Fund and

25  distributed pursuant to s. 218.65.

26         5.  Of the remaining proceeds:

27         a.  The department shall distribute Beginning July 1,

28  1992, $166,667 shall be distributed monthly pursuant to s.

29  288.1162 by the department to each applicant that has been

30  certified as a "facility for a new professional sports

31  franchise." Up to or a "facility for a retained professional

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

  2  distributed monthly by the department to each applicant that

  3  has been certified as a "facility for a retained new spring

  4  training franchise facility" pursuant to s. 288.1162; however,

  5  not more than $208,335 may be distributed monthly in the

  6  aggregate to all certified facilities for a retained spring

  7  training franchise. Distributions shall begin 60 days

  8  following such certification and shall continue for not more

  9  than 30 years. Nothing contained in this paragraph herein

10  shall be construed to allow an applicant certified pursuant to

11  s. 288.1162 to receive more in distributions than actually

12  expended by the applicant for the public purposes provided for

13  in s. 288.1162(7). However, a certified applicant is entitled

14  to shall receive distributions up to the maximum amount

15  allowable and undistributed under this section for additional

16  renovations and improvements to the facility for the franchise

17  without additional certification.

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

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

20  Revenue that an applicant has been certified as the

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

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

23  up to 300 months, to the applicant.

24         c.  Beginning 30 days after notice by the Department of

25  Commerce to the Department of Revenue that the applicant has

26  been certified as the International Game Fish Association

27  World Center facility pursuant to s. 288.1169, and the

28  facility is open to the public, $83,333 shall be distributed

29  monthly, for up to 180 months, to the applicant.  This

30  distribution is subject to reduction pursuant to s. 288.1169.

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  1         6.  All other proceeds shall remain with the General

  2  Revenue Fund.

  3         (7)  For the 1999-2000 fiscal year only, the use of

  4  funds allocated to the Solid Waste Management Trust Fund shall

  5  be as provided in the General Appropriations Act. There is

  6  transferred $15.5 million for surface water improvement and

  7  management projects and $10 million for the aquatic weed

  8  control program from revenues provided by this section.  This

  9  subsection is repealed on July 1, 2000.

10         Section 2.  Section 288.1162, Florida Statutes, is

11  amended to read:

12         288.1162  Professional sports franchises; spring

13  training franchises; duties.--

14         (1)  The Office of Tourism, Trade, and Economic

15  Development shall serve as the state agency for screening

16  applicants for state funding pursuant to s. 212.20 and for

17  certifying an applicant as a "facility for a new professional

18  sports franchise," a "facility for a retained professional

19  sports franchise," or a "facility for a retained new spring

20  training franchise facility."

21         (2)  The Office of Tourism, Trade, and Economic

22  Development shall develop rules for the receipt and processing

23  of applications for funding pursuant to s. 212.20.

24         (3)  As used in this section, the term:

25         (a)  "New professional sports franchise" means a

26  professional sports franchise that is not based in this state

27  prior to April 1, 1987.

28         (b)  "Retained professional sports franchise" means a

29  professional sports franchise that has had a league-authorized

30  location in this state on or before December 31, 1976, and has

31  continuously remained at that location, and has never been

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  1  located at a facility that has been previously certified under

  2  any provision of this section.

  3         (4)  Prior to certifying an applicant as a "facility

  4  for a new professional sports franchise" or a "facility for a

  5  retained professional sports franchise," the Office of

  6  Tourism, Trade, and Economic Development must determine that:

  7         (a)  A "unit of local government" as defined in s.

  8  218.369 is responsible for the construction, management, or

  9  operation of the professional sports franchise facility or

10  holds title to the property on which the professional sports

11  franchise facility is located.

12         (b)  The applicant has a verified copy of a signed

13  agreement with a new professional sports franchise for the use

14  of the facility for a term of at least 10 years, or in the

15  case of a retained professional sports franchise, an agreement

16  for use of the facility for a term of at least 20 years.

17         (c)  The applicant has a verified copy of the approval

18  from the governing authority of the league in which the new

19  professional sports franchise exists authorizing the location

20  of the professional sports franchise in this state after April

21  1, 1987, or in the case of a retained professional sports

22  franchise, verified evidence that it has had a

23  league-authorized location in this state on or before December

24  31, 1976. The term "league" means the National League or the

25  American League of Major League Baseball, the National

26  Basketball Association, the National Football League, or the

27  National Hockey League.

28         (d)  The applicant has projections, verified by the

29  Office of Tourism, Trade, and Economic Development, which

30  demonstrate that the new or retained professional sports

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  1  franchise will attract a paid attendance of more than 300,000

  2  annually.

  3         (e)  The applicant has an independent analysis or

  4  study, verified by the Office of Tourism, Trade, and Economic

  5  Development, which demonstrates that the amount of the

  6  revenues generated by the taxes imposed under chapter 212 with

  7  respect to the use and operation of the professional sports

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

  9         (f)  The municipality in which the facility for a new

10  or retained professional sports franchise is located, or the

11  county if the facility for a new or retained professional

12  sports franchise is located in an unincorporated area, has

13  certified by resolution after a public hearing that the

14  application serves a public purpose.

15         (g)  The applicant has demonstrated that it has

16  provided, is capable of providing, or has financial or other

17  commitments to provide more than one-half of the costs

18  incurred or related to the improvement and development of the

19  facility.

20         (h)  No applicant previously certified under any

21  provision of this section who has received funding under such

22  certification shall be eligible for an additional

23  certification.

24         (5)(a)  As used in this section, the term "facility for

25  a retained new spring training franchise" means a facility

26  used by a spring training franchise that was built before is

27  not based in this state prior to July 1, 1990.

28         (b)(6)  Prior to certifying an applicant as a "facility

29  for a retained new spring training franchise facility," the

30  Office of Tourism, Trade, and Economic Development must

31  determine that:

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  1         1.(a)  A "unit of local government" as defined in s.

  2  218.369 is responsible for the acquisition, construction,

  3  management, or operation of the new spring training franchise

  4  facility or holds title to the property on which the facility

  5  for a retained new spring training franchise facility is

  6  located.

  7         2.(b)  The applicant has a verified copy of a signed

  8  agreement with a retained new spring training franchise for

  9  the use of the facility for a term of at least 15 years.

10         3.(c)  The applicant has a financial commitment to

11  provide 50 percent or more of the funds required by an

12  agreement for the acquisition, construction, or renovation use

13  of the facility for a retained by the new spring training

14  franchise. The agreement can be contingent upon the awarding

15  of funds under this section and other conditions precedent to

16  use by the spring training franchise.

17         (d)  The proposed facility for the new spring training

18  franchise is located within 20 miles of an interstate or other

19  limited-access highway system.

20         4.(e)  The applicant has projections, verified by the

21  Office of Tourism, Trade, and Economic Development, which

22  demonstrate that the facility for a retained new spring

23  training franchise facility will attract a paid attendance of

24  at least 50,000 annually.

25         5.(f)  The facility for a retained new spring training

26  franchise facility is located in a county that is levying a

27  tourist development tax pursuant to s. 125.0104(3)(b), (c),

28  (d), and (l), at the rate of 4 percent by March 1, 1992, and,

29  87.5 percent of the proceeds from such tax are dedicated for

30  the construction of a spring training complex.

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  1         (c)  The Office of Tourism, Trade, and Economic

  2  Development shall competitively evaluate applications for

  3  funding of a facility for a retained spring training

  4  franchise. Applications must be submitted by October 1, 2000,

  5  with certifications to be made by January 1, 2001. If the

  6  number of applicants exceeds five and the aggregate funding

  7  request of all applications exceeds $208,335 per month, the

  8  office shall rank the applications according to selection

  9  criteria, certifying the highest ranked proposals. The

10  evaluation criteria shall include, with priority given in

11  descending order to, the following items:

12         1.  The intended use of the funds by the applicant,

13  with priority given to the construction of a new facility.

14         2.  The length of time that the existing franchise has

15  been located in the state, with priority given to retaining

16  franchises that have been in the the same location the

17  longest.

18         3.  For those teams leasing a spring training facility

19  from a unit of local government, the remaining time on the

20  lease for facilities used by the spring training franchise,

21  with priority given to the shortest time period remaining on

22  the lease.

23         4.  The duration of the future-use agreement with the

24  retained spring training franchise, with priority given to the

25  future-use agreement having the longest duration.

26         5.  The size and amount of dollars involved in the

27  local match, with priority given to the largest percentage of

28  local match proposed.

29         6.  The net increase of total active recreation space

30  owned by the applying unit of local government following the

31  acquisition of land for the spring training facility, with

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  1  priority given to the largest percentage increase of total

  2  active recreation space.

  3         7.  The location of the facility in a brownfield, an

  4  enterprise zone, a community redevelopment area, or other area

  5  of targeted development or revitalization included in an Urban

  6  Infill Redevelopment Plan.

  7         8.  The projections on paid attendance attracted by the

  8  facility and the proposed effect on the economy of the local

  9  community.

10         (d)  Funds may not be expended to subsidize privately

11  owned and maintained facilities for use by the spring training

12  franchise or to relocate an existing spring training franchise

13  to another unit of local government within the state.

14         (6)(7)  An applicant certified as a facility for a new

15  professional sports franchise or a facility for a retained

16  professional sports franchise or as a facility for a retained

17  new spring training franchise facility may use funds provided

18  pursuant to s. 212.20 only for the public purpose of paying

19  for the acquisition, construction, reconstruction, or

20  renovation of a facility for a new professional sports

21  franchise, a facility for a retained professional sports

22  franchise, or a facility for a retained new spring training

23  franchise facility or to pay or pledge for the payment of debt

24  service on, or to fund debt service reserve funds, arbitrage

25  rebate obligations, or other amounts payable with respect to,

26  bonds issued for the acquisition, construction,

27  reconstruction, or renovation of such facility or for the

28  reimbursement of such costs or the refinancing of bonds issued

29  for such purposes.

30         (7)(8)  The Office of Tourism, Trade, and Economic

31  Development shall notify the Department of Revenue of any

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  1  facility certified as a facility for a new professional sports

  2  franchise or a facility for a facility retained professional

  3  sports franchise or as a facility for a retained new spring

  4  training franchise facility.  The Office of Tourism, Trade,

  5  and Economic Development shall may certify no more than eight

  6  facilities as facilities for a new professional sports

  7  franchise or, as facilities for a retained professional sports

  8  franchise and shall certify at least five, or as facilities

  9  for retained new spring training franchises franchise

10  facilities, including in such total any facilities certified

11  by the Department of Commerce before July 1, 1996. The office

12  may make no more than one certification for any facility. The

13  office may not certify partial funding to any applicant

14  certified as a facility for a retained spring training

15  facility.

16         (8)(9)  The Department of Revenue may audit as provided

17  in s. 213.34 to verify that the distributions pursuant to this

18  section have been expended as required in this section. Such

19  information is subject to the confidentiality requirements of

20  chapter 213. If the Department of Revenue determines that the

21  distributions pursuant to this section have not been expended

22  as required by this section, it may pursue recovery of such

23  funds pursuant to the laws and rules governing the assessment

24  of taxes.

25         (9)(10)  An applicant is shall not be qualified for

26  certification under this section if the franchise formed the

27  basis for a previous certification, unless the previous

28  certification was withdrawn by the facility or invalidated by

29  the Office of Tourism, Trade, and Economic Development or the

30  Department of Commerce before any funds were distributed

31  pursuant to s. 212.20. This subsection does not disqualify an

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  1  applicant if the previous certification occurred between May

  2  23, 1993, and May 25, 1993; however, any funds to be

  3  distributed pursuant to s. 212.20 for the second certification

  4  shall be offset by the amount distributed to the previous

  5  certified facility. Distribution of funds for the second

  6  certification shall not be made until all amounts payable for

  7  the first certification have been distributed.

  8         Section 3.  This act shall take effect upon becoming a

  9  law.

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11            *****************************************

12                       LEGISLATIVE SUMMARY

13    Provides for the distribution of sales tax proceeds for
      professional sports facilities. Provides criteria for the
14    Department of Tourism, Trade, and Economic Development to
      fund retained spring training franchise facilities.
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