Senate Bill sb2276

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    Florida Senate - 2002                                  SB 2276

    By Senator Lawson





    3-1371-02

  1                      A bill to be entitled

  2         An act relating to agriculture; directing the

  3         Department of Agriculture and Consumer Services

  4         to screen units of local government for the

  5         certification and funding of

  6         agriculture-promotion facilities; defining the

  7         term "agriculture-promotion facilities";

  8         providing criteria for certification and

  9         funding; providing an effective date.

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

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13         Section 1.  Agriculture promotion facility.--(1)  The

14  Department of Agriculture and Consumer Services shall serve as

15  the state agency for screening applicants for state funding

16  pursuant to this section and for certifying a unit of local

17  government as entitled to funding for a qualified

18  agriculture-promotion facility.

19         (2)  The Department of Agriculture and Consumer

20  Services shall develop rules for the receipt and processing of

21  applications for the funding of projects pursuant to this

22  section.

23         (3)  As used in this section, the term

24  "agriculture-promotion facility" means a convention center,

25  exposition hall, or other capital project that can be used for

26  conventions, agriculture and livestock events, and other

27  exhibitions.

28         (4)  Before qualifying for certification as an

29  agriculture-promotion facility under this section, the

30  department must determine that:

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    Florida Senate - 2002                                  SB 2276
    3-1371-02




  1         (a)  A unit of local government as defined in section

  2  218.369, Florida Statutes, is responsible for the

  3  construction, management, or operation of the agriculture

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

  5  agriculture-promotion facility is to be located.

  6         (b)  The applicant has projections, verified by the

  7  department, which demonstrate that the agriculture-promotion

  8  facility will serve more than 25,000 guests annually.

  9         (c)  The applicant has prepared an independent analysis

10  or study, verified by the department, which demonstrates that

11  the amount of the revenues generated by the taxes imposed

12  under chapter 212, Florida Statutes, with respect to the use

13  and operation of the agriculture-promotion facility will equal

14  or exceed $500,000 annually.

15         (d)  The municipality in which the facility is located,

16  or the county if the facility is located in an unincorporated

17  area, has certified by resolution after a public hearing that

18  the facility will serve a public purpose.

19         (e)  The applicant has demonstrated that it has

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

21  commitments to provide more than 40 percent of the costs

22  incurred or related to the design, construction, or renovation

23  of the facility.

24         (f)  The agriculture-promotion facility will be located

25  in a county that is levying a tourist development tax pursuant

26  to section 125.0104, Florida Statutes.

27         (5)  The department shall competitively evaluate

28  applications for funding of an agriculture-promotion facility.

29  Applications must be submitted by October 1, 2002, with

30  agriculture-promotion-facility certification to be made by

31  January 1, 2003. If the number of applicants exceeds five and

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    Florida Senate - 2002                                  SB 2276
    3-1371-02




  1  the aggregate funding requests of all applications exceeds $1

  2  million, the office shall rank the applicants according to a

  3  selection criteria, certifying the five highest-ranked

  4  proposals. The evaluation criteria shall include, with

  5  priority given in descending order, the following items:

  6         (a)  The intended use of the funds by the applicant,

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

  8         (b)  The amount of the local match, with priority given

  9  to the largest percentage of local match proposed.

10         (c)  The net increase of total convention or exhibition

11  space available within the jurisdiction of the applying unit

12  of local government following construction of the facility,

13  with priority given to the largest percentage increase of

14  total convention or exhibition space.

15         (d)  The location of the facility in a brownfield site

16  as defined in section 376.79(3), Florida Statutes, a rural

17  enterprise zone as defined in section 290.004(8), Florida

18  Statutes, an agriculturally depressed area as defined in

19  section 570.242(1), Florida Statutes, or a redevelopment area

20  established pursuant to section 373.461(5)(g), Florida

21  Statutes.

22         (e)  The highest projection of paid attendance

23  attracted by the agriculture-promotion facility and the

24  proposed effect on the economy of the local community.

25         (6)  Funds may not be expended to subsidize privately

26  owned and maintained facilities.

27         (7)  A unit of local government certified as entitled

28  to funding for an agriculture-promotion facility may use funds

29  provided under this section only for the public purpose of

30  paying for the design, construction, or renovation of an

31  agriculture-promotion facility or to pay or pledge for the

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    Florida Senate - 2002                                  SB 2276
    3-1371-02




  1  payment of debt service on, or to fund debt-service reserve

  2  funds, arbitrate rebate obligations, or make other amounts

  3  payable with respect to, bonds issued for the design,

  4  construction, or renovation of such facility or for the

  5  reimbursement of such costs or the refinancing of bonds issued

  6  for such purposes.

  7         (8)  The department shall certify no more than five

  8  agriculture-promotion facilities. The department may make no

  9  more than one certification for any facility. The department

10  may not certify funding for less than the requested amount to

11  any applicant certified as an agriculture-promotion facility.

12         Section 2.  This act shall take effect upon becoming a

13  law.

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16                          SENATE SUMMARY

17    Directs the Department of Agriculture and Consumer
      Services to establish a program for the certification and
18    funding of agriculture-promotion facilities by units of
      local government.
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