House Bill 1439c1

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    Florida House of Representatives - 2000             CS/HB 1439

        By the Committee on Tourism and Representatives Sembler,
    Sobel and Crow





  1                      A bill to be entitled

  2         An act relating to spring training franchise

  3         facilities; amending s. 212.20, F.S.; providing

  4         for a monthly distribution of a portion of

  5         revenues under chapter 212, F.S., to certified

  6         facilities for retained spring training

  7         franchises for a specified period; providing an

  8         aggregate limit on monthly distributions to all

  9         certified facilities for a retained spring

10         training franchise; amending s. 288.1162, F.S.;

11         redefining the term "new spring training

12         franchise facility"; providing for

13         certification of facilities for a retained

14         spring training franchise by the Office of

15         Tourism, Trade, and Economic Development;

16         providing certification requirements; providing

17         for competitive evaluation of applications for

18         funding; providing evaluation criteria;

19         providing for use of funds distributed pursuant

20         to s. 212.20, F.S., to such facilities;

21         requiring the Office of Tourism, Trade, and

22         Economic Development to certify a specified

23         number of sports facilities, and a specified

24         number of facilities for retained spring

25         training franchises, under s. 288.1162, F.S.;

26         providing an effective date.

27

28         WHEREAS, Major League Baseball Spring Training has been

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

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

31  this state continuously since 1919, and

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  1         WHEREAS, each year over 1.5 million fans enjoy Major

  2  League Baseball Spring Training games at the 19 spring

  3  training facilities located around the state which contributes

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

  5  and

  6         WHEREAS, Major League Baseball Spring Training is an

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

  8  rich tradition of offering affordable entertainment to

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

10  THEREFORE,

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

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14         Section 1.  Paragraph (f) of subsection (6) of section

15  212.20, Florida Statutes, is amended to read:

16         212.20  Funds collected, disposition; additional powers

17  of department; operational expense; refund of taxes

18  adjudicated unconstitutionally collected.--

19         (6)  Distribution of all proceeds under this chapter

20  shall be as follows:

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

22  pursuant to this chapter shall be distributed as follows:

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

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

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

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

27  deposited in monthly installments into the General Revenue

28  Fund.

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

30  the Solid Waste Management Trust Fund.

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  1         3.  After the distribution under subparagraphs 1. and

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

  3  located within a participating county pursuant to s. 218.61

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

  5  Tax Clearing Trust Fund.

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

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

  8  Government Half-cent Sales Tax Clearing Trust Fund and

  9  distributed pursuant to s. 218.65.

10         5.  Of the remaining proceeds:

11         a.  The department shall distribute Beginning July 1,

12  1992, $166,667 shall be distributed monthly pursuant to s.

13  288.1162 by the department to each applicant that has been

14  certified as a "facility for a new professional sports

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

16  franchise" pursuant to s. 288.1162. Up to and $41,667 shall be

17  distributed monthly by the department to each applicant that

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

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

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

21  aggregate to all certified facilities for a retained spring

22  training franchise. Distributions shall begin 60 days

23  following such certification and shall continue for not more

24  than 30 years. Nothing contained in this paragraph herein

25  shall be construed to allow an applicant certified pursuant to

26  s. 288.1162 to receive more in distributions than actually

27  expended by the applicant for the public purposes provided for

28  in s. 288.1162(6)(7). However, a certified applicant is

29  entitled to shall receive distributions up to the maximum

30  amount allowable and undistributed under this section for

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  1  additional renovations and improvements to the facility for

  2  the franchise without additional certification.

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

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

  5  Revenue that an applicant has been certified as the

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

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

  8  up to 300 months, to the applicant.

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

10  Commerce to the Department of Revenue that the applicant has

11  been certified as the International Game Fish Association

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

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

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

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

16         6.  All other proceeds shall remain with the General

17  Revenue Fund.

18         Section 2.  Section 288.1162, Florida Statutes, is

19  amended to read:

20         288.1162  Professional sports franchises; spring

21  training franchises; duties.--

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

23  Development shall serve as the state agency for screening

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

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

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

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

28  training franchise facility."

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

30  Development shall develop rules for the receipt and processing

31  of applications for funding pursuant to s. 212.20.

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

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

  3  professional sports franchise that is not based in this state

  4  prior to April 1, 1987.

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

  6  professional sports franchise that has had a league-authorized

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

  8  continuously remained at that location, and has never been

  9  located at a facility that has been previously certified under

10  any provision of this section.

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

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

13  retained professional sports franchise," the Office of

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

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

16  218.369 is responsible for the construction, management, or

17  operation of the professional sports franchise facility or

18  holds title to the property on which the professional sports

19  franchise facility is located.

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

21  agreement with a new professional sports franchise for the use

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

23  case of a retained professional sports franchise, an agreement

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

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

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

27  professional sports franchise exists authorizing the location

28  of the professional sports franchise in this state after April

29  1, 1987, or in the case of a retained professional sports

30  franchise, verified evidence that it has had a

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

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  1  31, 1976. The term "league" means the National League or the

  2  American League of Major League Baseball, the National

  3  Basketball Association, the National Football League, or the

  4  National Hockey League.

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

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

  7  demonstrate that the new or retained professional sports

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

  9  annually.

10         (e)  The applicant has an independent analysis or

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

12  Development, which demonstrates that the amount of the

13  revenues generated by the taxes imposed under chapter 212 with

14  respect to the use and operation of the professional sports

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

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

17  or retained professional sports franchise is located, or the

18  county if the facility for a new or retained professional

19  sports franchise is located in an unincorporated area, has

20  certified by resolution after a public hearing that the

21  application serves a public purpose.

22         (g)  The applicant has demonstrated that it has

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

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

25  incurred or related to the improvement and development of the

26  facility.

27         (h)  No applicant previously certified under any

28  provision of this section who has received funding under such

29  certification shall be eligible for an additional

30  certification.

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  1         (5)(a)  As used in this section, the term "retained new

  2  spring training franchise" means a spring training franchise

  3  that has been is not based in this state prior to January 1,

  4  2000 July 1, 1990.

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

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

  7  Office of Tourism, Trade, and Economic Development must

  8  determine that:

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

10  218.369 is responsible for the acquisition, construction,

11  management, or operation of the facility for a retained new

12  spring training franchise facility or holds title to the

13  property on which the facility for a retained new spring

14  training franchise facility is located.

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

16  agreement with a retained new spring training franchise for

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

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

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

20  agreement for the acquisition, construction, or renovation use

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

22  franchise.  The agreement can be contingent upon the awarding

23  of funds under this section and other conditions precedent to

24  use by the spring training franchise.

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

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

27  limited-access highway system.

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

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

30  demonstrate that the facility for a retained new spring

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  1  training franchise facility will attract a paid attendance of

  2  at least 50,000 annually.

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

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

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

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

  7  87.5 percent of the proceeds from such tax are dedicated for

  8  the construction of a spring training complex.

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

10  Development shall competitively evaluate applications for

11  funding of a facility for a retained spring training

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

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

14  number of applicants exceeds five and the aggregate funding

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

16  office shall rank the applications according to a selection

17  criteria, certifying the highest ranked proposals.  The

18  evaluation criteria shall include, with priority given in

19  descending order to the following items:

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

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

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

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

24  franchises that have been in the same location the longest.

25         3.  For those teams leasing a spring training facility

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

27  lease for facilities used by the spring training franchise,

28  with priority given to the shortest time period remaining on

29  the lease.

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

  2  retained spring training franchise, with priority given to the

  3  future-use agreement having the longest duration.

  4         5.  The amount of the local match, with priority given

  5  to the largest percentage of local match proposed.

  6         6.  The net increase of total active recreation space

  7  owned by the applying unit of local government following the

  8  acquisition of land for the spring training facility, with

  9  priority given to the largest percentage increase of total

10  active recreation space.

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

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

13  of targeted development or revitalization included in an Urban

14  Infill Redevelopment Plan, with priority given to facilities

15  located in these areas.

16         8.  The projections on paid attendance attracted by the

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

18  community, with priority given to the highest projected paid

19  attendance.

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

21  owned and maintained facilities for use by the spring training

22  franchise or to relocate an existing spring training franchise

23  to another unit of local government within the state.

24         (6)(7)  An applicant certified as a facility for a new

25  professional sports franchise or a facility for a retained

26  professional sports franchise or as a facility for a retained

27  new spring training franchise facility may use funds provided

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

29  for the acquisition, construction, reconstruction, or

30  renovation of a facility for a new professional sports

31  franchise, a facility for a retained professional sports

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

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

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

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

  5  bonds issued for the acquisition, construction,

  6  reconstruction, or renovation of such facility or for the

  7  reimbursement of such costs or the refinancing of bonds issued

  8  for such purposes.

  9         (7)(8)  The Office of Tourism, Trade, and Economic

10  Development shall notify the Department of Revenue of any

11  facility certified as a facility for a new professional sports

12  franchise or a facility for a retained professional sports

13  franchise or as a facility for a retained new spring training

14  franchise facility.  The Office of Tourism, Trade, and

15  Economic Development shall may certify no more than eight

16  facilities as facilities for a new professional sports

17  franchise or, as facilities for a retained professional sports

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

19  for retained new spring training franchises franchise

20  facilities, including in such total any facilities certified

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

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

23  office may not certify funding for less than the requested

24  amount to any applicant certified as a facility for a retained

25  spring training franchise.

26         (8)(9)  The Department of Revenue may audit as provided

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

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

29  information is subject to the confidentiality requirements of

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

31  distributions pursuant to this section have not been expended

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

  2  funds pursuant to the laws and rules governing the assessment

  3  of taxes.

  4         (9)(10)  An applicant is shall not be qualified for

  5  certification under this section if the franchise formed the

  6  basis for a previous certification, unless the previous

  7  certification was withdrawn by the facility or invalidated by

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

  9  Department of Commerce before any funds were distributed

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

11  applicant if the previous certification occurred between May

12  23, 1993, and May 25, 1993; however, any funds to be

13  distributed pursuant to s. 212.20 for the second certification

14  shall be offset by the amount distributed to the previous

15  certified facility. Distribution of funds for the second

16  certification shall not be made until all amounts payable for

17  the first certification have been distributed.

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

19  law.

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