HB 0073A 2003
1	A bill to be entitled
2	An act relating to convention centers owned by units of
3	local government; amending s. 212.20, F.S.; providing for
4	distribution of a portion of revenues from the tax on
5	sales, use, and other transactions to specified units of
6	local government owning eligible convention centers;
7	creating s. 288.1171, F.S.; providing for certification
8	of units of local government owning eligible convention
9	centers by the Office of Tourism, Trade, and Economic
10	Development; requiring the office to adopt specified
11	rules; providing a definition; providing requirements for
12	certification; providing for use of proceeds distributed
13	to units of local government under the act; providing for
14	audits by the Department of Revenue; providing for
15	revocation of certification; providing for construction
16	of the act in pari materia with laws enacted during the
17	2003 Regular Session of the Legislature; providing a
18	contingent effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. Paragraph (d) of subsection (6) of section
23	212.20, Florida Statutes, as amended by section 1 of chapter
24	2002-291, Laws of Florida, is amended to read:
25	212.20 Funds collected, disposition; additional powers of
26	department; operational expense; refund of taxes adjudicated
27	unconstitutionally collected.--
28	(6) Distribution of all proceeds under this chapter and s.
29	202.18(1)(b) and (2)(b) shall be as follows:
30	(d) The proceeds of all other taxes and fees imposed
31	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
32	and (2)(b) shall be distributed as follows:
33	1. In any fiscal year, the greater of $500 million, minus
34	an amount equal to 4.6 percent of the proceeds of the taxes
35	collected pursuant to chapter 201, or 5 percent of all other
36	taxes and fees imposed pursuant to this chapter or remitted
37	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
38	monthly installments into the General Revenue Fund.
39	2. Two-tenths of one percent shall be transferred to the
40	Ecosystem Management and Restoration Trust Fund to be used for
41	water quality improvement and water restoration projects.
42	3. After the distribution under subparagraphs 1. and 2.,
43	9.653 percent of the amount remitted by a sales tax dealer
44	located within a participating county pursuant to s. 218.61
45	shall be transferred into the Local Government Half-cent Sales
46	Tax Clearing Trust Fund.
47	4. After the distribution under subparagraphs 1., 2., and
48	3., 0.065 percent shall be transferred to the Local Government
49	Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
50	to s. 218.65.
51	5. For proceeds received after July 1, 2000, and after the
52	distributions under subparagraphs 1., 2., 3., and 4., 2.25
53	percent of the available proceeds pursuant to this paragraph
54	shall be transferred monthly to the Revenue Sharing Trust Fund
55	for Counties pursuant to s. 218.215.
56	6. For proceeds received after July 1, 2000, and after the
57	distributions under subparagraphs 1., 2., 3., and 4., 1.0715
58	percent of the available proceeds pursuant to this paragraph
59	shall be transferred monthly to the Revenue Sharing Trust Fund
60	for Municipalities pursuant to s. 218.215. If the total revenue
61	to be distributed pursuant to this subparagraph is at least as
62	great as the amount due from the Revenue Sharing Trust Fund for
63	Municipalities and the Municipal Financial Assistance Trust Fund
64	in state fiscal year 1999-2000, no municipality shall receive
65	less than the amount due from the Revenue Sharing Trust Fund for
66	Municipalities and the Municipal Financial Assistance Trust Fund
67	in state fiscal year 1999-2000. If the total proceeds to be
68	distributed are less than the amount received in combination
69	from the Revenue Sharing Trust Fund for Municipalities and the
70	Municipal Financial Assistance Trust Fund in state fiscal year
71	1999-2000, each municipality shall receive an amount
72	proportionate to the amount it was due in state fiscal year
73	1999-2000.
74	7. Of the remaining proceeds:
75	a. Beginning July 1, 2000, and in each fiscal year
76	thereafter, the sum of $29,915,500 shall be divided into as many
77	equal parts as there are counties in the state, and one part
78	shall be distributed to each county. The distribution among the
79	several counties shall begin each fiscal year on or before
80	January 5th and shall continue monthly for a total of 4 months.
81	If a local or special law required that any moneys accruing to a
82	county in fiscal year 1999-2000 under the then-existing
83	provisions of s. 550.135 be paid directly to the district school
84	board, special district, or a municipal government, such payment
85	shall continue until such time that the local or special law is
86	amended or repealed. The state covenants with holders of bonds
87	or other instruments of indebtedness issued by local
88	governments, special districts, or district school boards prior
89	to July 1, 2000, that it is not the intent of this subparagraph
90	to adversely affect the rights of those holders or relieve local
91	governments, special districts, or district school boards of the
92	duty to meet their obligations as a result of previous pledges
93	or assignments or trusts entered into which obligated funds
94	received from the distribution to county governments under then-
95	existing s. 550.135. This distribution specifically is in lieu
96	of funds distributed under s. 550.135 prior to July 1, 2000.
97	b. The department shall distribute $166,667 monthly
98	pursuant to s. 288.1162 to each applicant that has been
99	certified as a "facility for a new professional sports
100	franchise" or a "facility for a retained professional sports
101	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
102	distributed monthly by the department to each applicant that has
103	been certified as a "facility for a retained spring training
104	franchise" pursuant to s. 288.1162; however, not more than
105	$208,335 may be distributed monthly in the aggregate to all
106	certified facilities for a retained spring training franchise.
107	Distributions shall begin 60 days following such certification
108	and shall continue for not more than 30 years. Nothing contained
109	in this paragraph shall be construed to allow an applicant
110	certified pursuant to s. 288.1162 to receive more in
111	distributions than actually expended by the applicant for the
112	public purposes provided for in s. 288.1162(6). However, a
113	certified applicant is entitled to receive distributions up to
114	the maximum amount allowable and undistributed under this
115	section for additional renovations and improvements to the
116	facility for the franchise without additional certification.
117	c. Beginning 30 days after notice by the Office of
118	Tourism, Trade, and Economic Development to the Department of
119	Revenue that an applicant has been certified as the professional
120	golf hall of fame pursuant to s. 288.1168 and is open to the
121	public, $166,667 shall be distributed monthly, for up to 300
122	months, to the applicant.
123	d. Beginning 30 days after notice by the Office of
124	Tourism, Trade, and Economic Development to the Department of
125	Revenue that the applicant has been certified as the
126	International Game Fish Association World Center facility
127	pursuant to s. 288.1169, and the facility is open to the public,
128	$83,333 shall be distributed monthly, for up to 168 months, to
129	the applicant. This distribution is subject to reduction
130	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
131	made, after certification and before July 1, 2000.
132	e. The department shall distribute monthly to units of
133	local government that have been certified as owning eligible
134	convention centers pursuant to s. 288.1171 an amount equal to
135	one-half of the proceeds, as defined in paragraph (5)(a),
136	received and collected in the previous month by the department
137	under the provisions of this chapter which are generated by such
138	eligible convention centers and remitted on the sales and use
139	tax returns of eligible convention centers. The total
140	distribution to each unit of local government shall not exceed
141	$3 million per state fiscal year. Distributions shall begin 60
142	days following notification of certification by the Office of
143	Tourism, Trade, and Economic Development pursuant to s. 288.1171
144	and shall continue for not more than 30 years. Distributions
145	shall be used solely to encourage and provide economic
146	development for the attraction, recruitment, and retention of
147	corporate headquarters and of high-technology, manufacturing,
148	research and development, entertainment, and tourism industries
149	as designated by the unit of local government by resolution of
150	its governing body.
151	8. All other proceeds shall remain with the General
152	Revenue Fund.
153	Section 2. Section 288.1171, Florida Statutes, is created
154	to read:
155	288.1171 Convention centers owned by units of local
156	government; certification as owning eligible convention centers;
157	duties.--
158	(1) The Office of Tourism, Trade, and Economic Development
159	shall serve as the state agency for screening applicants for
160	state funding pursuant to s. 212.20(6)(d)7.e. and for certifying
161	an applicant as owning an eligible convention center.
162	(2) The office shall adopt rules pursuant to ss.
163	120.536(1) and 120.54 for the receipt and processing of
164	applications for funding pursuant to s. 212.20(6)(d)7.e.
165	(3) As used in this section, the term "eligible convention
166	center" means a publicly owned facility having exhibition space
167	in excess of 75,000 square feet, the primary function of which
168	is to host meetings, conventions, or trade shows.
169	(4) Prior to certifying an applicant as owning an eligible
170	convention center, the office must determine that:
171	(a) The unit of local government, as defined in s.
172	218.369, owns an eligible convention center.
173	(b) The convention center contains more than 60,000 square
174	feet of exhibit space.
175	(c) The unit of local government in which the convention
176	center is located has certified by resolution after a public
177	hearing that the application serves a public purpose pursuant to
178	subsection (7).
179	(d) The convention center is located in a county that is
180	levying a tourist development tax pursuant to s. 125.0104.
181	(5) Upon certification of an applicant, the office shall
182	notify the executive director of the Department of Revenue of
183	such certification by means of an official letter granting
184	certification. The department shall not begin distributing
185	proceeds until 60 days following notice by the office that a
186	unit of local government has been certified as owning an
187	eligible convention center.
188	(6) No applicant previously certified under any provision
189	of this section who has received proceeds under such
190	certification shall be eligible for an additional certification.
191	(7) A unit of local government certified as owning an
192	eligible convention center may use proceeds provided pursuant to
193	s. 212.20(6)(d)7.e. solely to encourage and provide economic
194	development for the attraction, recruitment, and retention of
195	corporate headquarters and of high-technology, manufacturing,
196	research and development, entertainment, and tourism industries
197	as designated by the unit of local government by resolution of
198	its governing body.
199	(8) The department may audit as provided in s. 213.34 to
200	verify that the distributions pursuant to this section have been
201	expended as required in this section. Such information is
202	subject to the confidentiality requirements of chapter 213. If
203	the department determines that the distributions have not been
204	expended as required by this section, the department may pursue
205	recovery of such proceeds pursuant to the laws and rules
206	governing the assessment of taxes.
207	(9) Failure to use the proceeds as provided in this
208	section shall be grounds for revoking certification.
209	Section 3. If any law amended by this act was also amended
210	by a law enacted at the 2003 Regular Session of the Legislature,
211	such laws shall be construed as if they had been enacted at the
212	same session of the Legislature, and full effect shall be given
213	to each if possible.
214	Section 4. This act shall take effect July 1, 2004, only
215	if the Legislature specifies, in the General Appropriations Act
216	for fiscal year 2004-2005, that sufficient funds are available
217	to implement the provisions of this act.