1 | The Tourism Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to facilities for professional sports |
7 | franchises; amending s. 212.20, F.S.; increasing a monthly |
8 | distribution of funds to applicants certified as |
9 | facilities for certain professional sports franchises; |
10 | amending s. 288.1162, F.S.; conforming certification |
11 | requirements to changes in distribution of funds to |
12 | applicants certified as facilities for certain |
13 | professional sports franchises; providing an effective |
14 | date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Paragraph (d) of subsection (6) of section |
19 | 212.20, Florida Statutes, is amended to read: |
20 | 212.20 Funds collected, disposition; additional powers of |
21 | department; operational expense; refund of taxes adjudicated |
22 | unconstitutionally collected.-- |
23 | (6) Distribution of all proceeds under this chapter and s. |
24 | 202.18(1)(b) and (2)(b) shall be as follows: |
25 | (d) The proceeds of all other taxes and fees imposed |
26 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
27 | and (2)(b) shall be distributed as follows: |
28 | 1. In any fiscal year, the greater of $500 million, minus |
29 | an amount equal to 4.6 percent of the proceeds of the taxes |
30 | collected pursuant to chapter 201, or 5 percent of all other |
31 | taxes and fees imposed pursuant to this chapter or remitted |
32 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
33 | monthly installments into the General Revenue Fund. |
34 | 2. Two-tenths of one percent shall be transferred to the |
35 | Ecosystem Management and Restoration Trust Fund to be used for |
36 | water quality improvement and water restoration projects. |
37 | 3. After the distribution under subparagraphs 1. and 2., |
38 | 8.814 percent of the amount remitted by a sales tax dealer |
39 | located within a participating county pursuant to s. 218.61 |
40 | shall be transferred into the Local Government Half-cent Sales |
41 | Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to |
42 | be transferred pursuant to this subparagraph to the Local |
43 | Government Half-cent Sales Tax Clearing Trust Fund shall be |
44 | reduced by 0.1 percent, and the department shall distribute this |
45 | amount to the Public Employees Relations Commission Trust Fund |
46 | less $5,000 each month, which shall be added to the amount |
47 | calculated in subparagraph 4. and distributed accordingly. |
48 | 4. After the distribution under subparagraphs 1., 2., and |
49 | 3., 0.095 percent shall be transferred to the Local Government |
50 | Half-cent Sales Tax Clearing Trust Fund and distributed pursuant |
51 | to s. 218.65. |
52 | 5. After the distributions under subparagraphs 1., 2., 3., |
53 | and 4., 2.0440 percent of the available proceeds pursuant to |
54 | this paragraph shall be transferred monthly to the Revenue |
55 | Sharing Trust Fund for Counties pursuant to s. 218.215. |
56 | 6. After the distributions under subparagraphs 1., 2., 3., |
57 | and 4., 1.3409 percent of the available proceeds pursuant to |
58 | this paragraph shall be transferred monthly to the Revenue |
59 | Sharing Trust Fund for Municipalities pursuant to s. 218.215. If |
60 | the total revenue to be distributed pursuant to this |
61 | subparagraph is at least as great as the amount due from the |
62 | Revenue Sharing Trust Fund for Municipalities and the former |
63 | Municipal Financial Assistance Trust Fund in state fiscal year |
64 | 1999-2000, no municipality shall receive less than the amount |
65 | due from the Revenue Sharing Trust Fund for Municipalities and |
66 | the former Municipal Financial Assistance Trust Fund in state |
67 | fiscal year 1999-2000. If the total proceeds to be distributed |
68 | are less than the amount received in combination from the |
69 | Revenue Sharing Trust Fund for Municipalities and the former |
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. In each fiscal year, the sum of $29,915,500 shall be |
76 | divided into as many equal parts as there are counties in the |
77 | state, and one part shall be distributed to each county. The |
78 | distribution among the several counties shall begin each fiscal |
79 | year on or before January 5th and shall continue monthly for a |
80 | total of 4 months. If a local or special law required that any |
81 | moneys accruing to a county in fiscal year 1999-2000 under the |
82 | then-existing provisions of s. 550.135 be paid directly to the |
83 | district school board, special district, or a municipal |
84 | government, such payment shall continue until such time that the |
85 | local or special law is amended or repealed. The state covenants |
86 | with holders of bonds or other instruments of indebtedness |
87 | issued by local governments, special districts, or district |
88 | school boards prior to July 1, 2000, that it is not the intent |
89 | of this subparagraph to adversely affect the rights of those |
90 | holders or relieve local governments, special districts, or |
91 | district school boards of the duty to meet their obligations as |
92 | a result of previous pledges or assignments or trusts entered |
93 | into which obligated funds received from the distribution to |
94 | county governments under then-existing s. 550.135. This |
95 | distribution specifically is in lieu of funds distributed under |
96 | 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; however, for each applicant |
102 | that has been certified as a "facility for a new professional |
103 | sports franchise" or a "facility for a retained professional |
104 | sports franchise" on or after January 1, 2005, such distribution |
105 | shall be $275,000 monthly. Up to $41,667 shall be distributed |
106 | monthly by the department to each applicant that has been |
107 | certified as a "facility for a retained spring training |
108 | franchise" pursuant to s. 288.1162; however, not more than |
109 | $208,335 may be distributed monthly in the aggregate to all |
110 | certified facilities for a retained spring training franchise. |
111 | Distributions shall begin 60 days following such certification |
112 | and shall continue for not more than 30 years. Nothing contained |
113 | in this paragraph shall be construed to allow an applicant |
114 | certified pursuant to s. 288.1162 to receive more in |
115 | distributions than actually expended by the applicant for the |
116 | public purposes provided for in s. 288.1162(6). However, a |
117 | certified applicant is entitled to receive distributions up to |
118 | the maximum amount allowable and undistributed under this |
119 | section for additional renovations and improvements to the |
120 | facility for the franchise without additional certification. |
121 | c. Beginning 30 days after notice by the Office of |
122 | Tourism, Trade, and Economic Development to the Department of |
123 | Revenue that an applicant has been certified as the professional |
124 | golf hall of fame pursuant to s. 288.1168 and is open to the |
125 | public, $166,667 shall be distributed monthly, for up to 300 |
126 | months, to the applicant. |
127 | d. Beginning 30 days after notice by the Office of |
128 | Tourism, Trade, and Economic Development to the Department of |
129 | Revenue that the applicant has been certified as the |
130 | International Game Fish Association World Center facility |
131 | pursuant to s. 288.1169, and the facility is open to the public, |
132 | $83,333 shall be distributed monthly, for up to 168 months, to |
133 | the applicant. This distribution is subject to reduction |
134 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall be |
135 | made, after certification and before July 1, 2000. |
136 | 8. All other proceeds shall remain with the General |
137 | Revenue Fund. |
138 | Section 2. Paragraph (e) of subsection (4) of section |
139 | 288.1162, Florida Statutes, is amended to read: |
140 | 288.1162 Professional sports franchises; spring training |
141 | franchises; duties.-- |
142 | (4) Prior to certifying an applicant as a "facility for a |
143 | new professional sports franchise" or a "facility for a retained |
144 | professional sports franchise," the Office of Tourism, Trade, |
145 | and Economic Development must determine that: |
146 | (e) The applicant has an independent analysis or study, |
147 | verified by the Office of Tourism, Trade, and Economic |
148 | Development, which demonstrates that the amount of the revenues |
149 | generated by the taxes imposed under chapter 212 with respect to |
150 | the use and operation of the professional sports franchise |
151 | facility will equal or exceed the amount of the annual |
152 | distribution for which the applicant is eligible under s. 212.20 |
153 | $2 million annually. |
154 | Section 3. This act shall take effect upon becoming a law. |