HB 1049CS

CHAMBER ACTION




1The Tourism Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to facilities for professional sports
7franchises; amending s. 212.20, F.S.; increasing a monthly
8distribution of funds to applicants certified as
9facilities for certain professional sports franchises;
10amending s. 288.1162, F.S.; conforming certification
11requirements to changes in distribution of funds to
12applicants certified as facilities for certain
13professional sports franchises; providing an effective
14date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Paragraph (d) of subsection (6) of section
19212.20, Florida Statutes, is amended to read:
20     212.20  Funds collected, disposition; additional powers of
21department; operational expense; refund of taxes adjudicated
22unconstitutionally collected.--
23     (6)  Distribution of all proceeds under this chapter and s.
24202.18(1)(b) and (2)(b) shall be as follows:
25     (d)  The proceeds of all other taxes and fees imposed
26pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
27and (2)(b) shall be distributed as follows:
28     1.  In any fiscal year, the greater of $500 million, minus
29an amount equal to 4.6 percent of the proceeds of the taxes
30collected pursuant to chapter 201, or 5 percent of all other
31taxes and fees imposed pursuant to this chapter or remitted
32pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
33monthly installments into the General Revenue Fund.
34     2.  Two-tenths of one percent shall be transferred to the
35Ecosystem Management and Restoration Trust Fund to be used for
36water quality improvement and water restoration projects.
37     3.  After the distribution under subparagraphs 1. and 2.,
388.814 percent of the amount remitted by a sales tax dealer
39located within a participating county pursuant to s. 218.61
40shall be transferred into the Local Government Half-cent Sales
41Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
42be transferred pursuant to this subparagraph to the Local
43Government Half-cent Sales Tax Clearing Trust Fund shall be
44reduced by 0.1 percent, and the department shall distribute this
45amount to the Public Employees Relations Commission Trust Fund
46less $5,000 each month, which shall be added to the amount
47calculated in subparagraph 4. and distributed accordingly.
48     4.  After the distribution under subparagraphs 1., 2., and
493., 0.095 percent shall be transferred to the Local Government
50Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
51to s. 218.65.
52     5.  After the distributions under subparagraphs 1., 2., 3.,
53and 4., 2.0440 percent of the available proceeds pursuant to
54this paragraph shall be transferred monthly to the Revenue
55Sharing Trust Fund for Counties pursuant to s. 218.215.
56     6.  After the distributions under subparagraphs 1., 2., 3.,
57and 4., 1.3409 percent of the available proceeds pursuant to
58this paragraph shall be transferred monthly to the Revenue
59Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
60the total revenue to be distributed pursuant to this
61subparagraph is at least as great as the amount due from the
62Revenue Sharing Trust Fund for Municipalities and the former
63Municipal Financial Assistance Trust Fund in state fiscal year
641999-2000, no municipality shall receive less than the amount
65due from the Revenue Sharing Trust Fund for Municipalities and
66the former Municipal Financial Assistance Trust Fund in state
67fiscal year 1999-2000. If the total proceeds to be distributed
68are less than the amount received in combination from the
69Revenue Sharing Trust Fund for Municipalities and the former
70Municipal Financial Assistance Trust Fund in state fiscal year
711999-2000, each municipality shall receive an amount
72proportionate to the amount it was due in state fiscal year
731999-2000.
74     7.  Of the remaining proceeds:
75     a.  In each fiscal year, the sum of $29,915,500 shall be
76divided into as many equal parts as there are counties in the
77state, and one part shall be distributed to each county. The
78distribution among the several counties shall begin each fiscal
79year on or before January 5th and shall continue monthly for a
80total of 4 months. If a local or special law required that any
81moneys accruing to a county in fiscal year 1999-2000 under the
82then-existing provisions of s. 550.135 be paid directly to the
83district school board, special district, or a municipal
84government, such payment shall continue until such time that the
85local or special law is amended or repealed. The state covenants
86with holders of bonds or other instruments of indebtedness
87issued by local governments, special districts, or district
88school boards prior to July 1, 2000, that it is not the intent
89of this subparagraph to adversely affect the rights of those
90holders or relieve local governments, special districts, or
91district school boards of the duty to meet their obligations as
92a result of previous pledges or assignments or trusts entered
93into which obligated funds received from the distribution to
94county governments under then-existing s. 550.135. This
95distribution specifically is in lieu of funds distributed under
96s. 550.135 prior to July 1, 2000.
97     b.  The department shall distribute $166,667 monthly
98pursuant to s. 288.1162 to each applicant that has been
99certified as a "facility for a new professional sports
100franchise" or a "facility for a retained professional sports
101franchise" pursuant to s. 288.1162; however, for each applicant
102that has been certified as a "facility for a new professional
103sports franchise" or a "facility for a retained professional
104sports franchise" on or after January 1, 2005, such distribution
105shall be $275,000 monthly. Up to $41,667 shall be distributed
106monthly by the department to each applicant that has been
107certified as a "facility for a retained spring training
108franchise" pursuant to s. 288.1162; however, not more than
109$208,335 may be distributed monthly in the aggregate to all
110certified facilities for a retained spring training franchise.
111Distributions shall begin 60 days following such certification
112and shall continue for not more than 30 years. Nothing contained
113in this paragraph shall be construed to allow an applicant
114certified pursuant to s. 288.1162 to receive more in
115distributions than actually expended by the applicant for the
116public purposes provided for in s. 288.1162(6). However, a
117certified applicant is entitled to receive distributions up to
118the maximum amount allowable and undistributed under this
119section for additional renovations and improvements to the
120facility for the franchise without additional certification.
121     c.  Beginning 30 days after notice by the Office of
122Tourism, Trade, and Economic Development to the Department of
123Revenue that an applicant has been certified as the professional
124golf hall of fame pursuant to s. 288.1168 and is open to the
125public, $166,667 shall be distributed monthly, for up to 300
126months, to the applicant.
127     d.  Beginning 30 days after notice by the Office of
128Tourism, Trade, and Economic Development to the Department of
129Revenue that the applicant has been certified as the
130International Game Fish Association World Center facility
131pursuant 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
133the applicant. This distribution is subject to reduction
134pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
135made, after certification and before July 1, 2000.
136     8.  All other proceeds shall remain with the General
137Revenue Fund.
138     Section 2.  Paragraph (e) of subsection (4) of section
139288.1162, Florida Statutes, is amended to read:
140     288.1162  Professional sports franchises; spring training
141franchises; duties.--
142     (4)  Prior to certifying an applicant as a "facility for a
143new professional sports franchise" or a "facility for a retained
144professional sports franchise," the Office of Tourism, Trade,
145and Economic Development must determine that:
146     (e)  The applicant has an independent analysis or study,
147verified by the Office of Tourism, Trade, and Economic
148Development, which demonstrates that the amount of the revenues
149generated by the taxes imposed under chapter 212 with respect to
150the use and operation of the professional sports franchise
151facility will equal or exceed the amount of the annual
152distribution 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.


CODING: Words stricken are deletions; words underlined are additions.