Amendment
Bill No. 0173

Amendment No. 129589

CHAMBER ACTION
Senate		House
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1	Representative(s) Rubio, Gardiner, Detert, Simmons, and Lopez-
2	Cantera offered the following:
3
4	Amendment (with title amendment)
5	Remove line(s) 108-190 and insert:
6	b.  The department shall distribute $166,667 monthly
7	pursuant to s. 288.1162 to each applicant that has been
8	certified as a "facility for a new professional sports
9	franchise" or a "facility for a retained professional sports
10	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
11	distributed monthly by the department to each applicant that has
12	been certified as a "facility for a retained spring training
13	franchise" pursuant to s. 288.1162; however, not more than
14	$333,336 $208,335 may be distributed monthly in the aggregate to
15	all certified facilities for a retained spring training
16	franchise. Distributions shall begin 60 days following such
17	certification and shall continue for not more than 30 years.
18	Nothing contained in this paragraph shall be construed to allow
19	an applicant certified pursuant to s. 288.1162 to receive more
20	in distributions than actually expended by the applicant for the
21	public purposes provided for in s. 288.1162(6). However, a
22	certified applicant is entitled to receive distributions up to
23	the maximum amount allowable and undistributed under this
24	section for additional renovations and improvements to the
25	facility for the franchise without additional certification.
26	c.  Beginning 30 days after notice by the Office of
27	Tourism, Trade, and Economic Development to the Department of
28	Revenue that an applicant has been certified as the professional
29	golf hall of fame pursuant to s. 288.1168 and is open to the
30	public, $166,667 shall be distributed monthly, for up to 300
31	months, to the applicant.
32	d.  Beginning 30 days after notice by the Office of
33	Tourism, Trade, and Economic Development to the Department of
34	Revenue that the applicant has been certified as the
35	International Game Fish Association World Center facility
36	pursuant to s. 288.1169, and the facility is open to the public,
37	$83,333 shall be distributed monthly, for up to 168 months, to
38	the applicant. This distribution is subject to reduction
39	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
40	made, after certification and before July 1, 2000.
41	e.  The department shall distribute monthly to units of
42	local government that have been certified as owning eligible
43	convention centers pursuant to s. 288.1171 an amount equal to 50
44	percent of the proceeds, as defined in this sub-subparagraph,
45	received and collected in the previous month by the department
46	under the provisions of this chapter which are generated by such
47	eligible convention centers and remitted on the sales and use
48	tax returns of eligible convention centers. Proceeds, for this
49	sub-subparagraph, are limited to all applicable sales taxes
50	collected by an eligible convention center for standard services
51	provided by center staff to users of the center, which include
52	the following: parking, admission, and ticket sales, food
53	services, utilities services, space rentals, equipment rentals,
54	security services, decorating services, business services,
55	advertising services, communications services, exhibit supply
56	sales and rentals, locksmith services, and sales of gifts and
57	sundries. The total distribution to each unit of local
58	government shall not exceed $1 million per state fiscal year.
59	However, total distributions to all units of local government
60	shall not exceed $5 million per state fiscal year, and such
61	distribution shall be limited exclusively to the taxes collected
62	and remitted under the provisions of this chapter. If
63	collections and remittances of eligible convention centers
64	exceed the $5-million maximum amount authorized for
65	distribution, the department shall distribute proceeds to each
66	eligible unit of local government using an apportionment factor,
67	the numerator of which is the amount remitted by an eligible
68	convention center and the denominator is the total amount
69	remitted by all eligible convention centers. The apportionment
70	factor for each eligible convention center shall be applied to
71	the $5-million maximum amount authorized for distribution to
72	determine the amount that shall be distributed to each local
73	government unit. The department shall prescribe forms required
74	to be filed with the department by eligible convention centers.
75	Distributions shall begin 60 days following notification of
76	certification by the Office of Tourism, Trade, and Economic
77	Development pursuant to s. 288.1171. Distributions shall be used
78	solely to encourage and provide economic development for the
79	attraction, recruitment, and retention of corporate headquarters
80	and of high-technology, manufacturing, research and development,
81	entertainment, and tourism industries as designated by the unit
82	of local government by resolution of its governing body, and to
83	assist the eligible convention centers to attract more business
84	and expand their offerings, including developing their own
85	events and shows. This sub-subparagraph is repealed effective
86	June 30, 2008.
87	8.  All other proceeds shall remain with the General
88	Revenue Fund.
89	Section 2.  Paragraph (h) is added to subsection (4) of
90	section 288.1162, Florida Statutes, and paragraph (c) of
91	subsection (5) and subsections (7) and (9) are amended, to read:
92	288.1162  Professional sports franchises; spring training
93	franchises; duties.--
94	(4)  Prior to certifying an applicant as a "facility for a
95	new professional sports franchise" or a "facility for a retained
96	professional sports franchise," the Office of Tourism, Trade,
97	and Economic Development must determine that:
98	(h)  The applicant for a facility for a new professional
99	sports franchise has a verified copy of a binding agreement with
100	the new professional sports franchise that requires the
101	franchise to pay for any cost overrun when the franchise was
102	used as the basis for the original certification of the
103	applicant described in paragraph (9)(a) and is the basis for the
104	current certification request.
105	(5)
106	(c)1.  The Office of Tourism, Trade, and Economic
107	Development shall competitively evaluate applications for
108	funding of a facility for a retained spring training franchise.
109	Applications must be submitted by October 1, 2000, with
110	certifications to be made by January 1, 2001. If the number of
111	applicants exceeds five and the aggregate funding request of all
112	applications exceeds $208,335 per month, the office shall rank
113	the applications according to a selection criteria, certifying
114	the highest ranked proposals. The evaluation criteria shall
115	include, with priority given in descending order to the
116	following items:
117	a.1.  The intended use of the funds by the applicant, with
118	priority given to the construction of a new facility.
119	b.2.  The length of time that the existing franchise has
120	been located in the state, with priority given to retaining
121	franchises that have been in the same location the longest.
122	c.3.  The length of time that a facility to be used by a
123	retained spring training franchise has been used by one or more
124	spring training franchises, with priority given to a facility
125	that has been in continuous use as a facility for spring
126	training the longest.
127	d.4.  For those teams leasing a spring training facility
128	from a unit of local government, the remaining time on the lease
129	for facilities used by the spring training franchise, with
130	priority given to the shortest time period remaining on the
131	lease.
132	e.5.  The duration of the future-use agreement with the
133	retained spring training franchise, with priority given to the
134	future-use agreement having the longest duration.
135	f.6.  The amount of the local match, with priority given to
136	the largest percentage of local match proposed.
137	g.7.  The net increase of total active recreation space
138	owned by the applying unit of local government following the
139	acquisition of land for the spring training facility, with
140	priority given to the largest percentage increase of total
141	active recreation space.
142	h.8.  The location of the facility in a brownfield, an
143	enterprise zone, a community redevelopment area, or other area
144	of targeted development or revitalization included in an Urban
145	Infill Redevelopment Plan, with priority given to facilities
146	located in these areas.
147	i.9.  The projections on paid attendance attracted by the
148	facility and the proposed effect on the economy of the local
149	community, with priority given to the highest projected paid
150	attendance.
151	2.  Beginning July 1, 2005, the Office of Tourism, Trade,
152	and Economic Development shall competitively evaluate
153	applications for funding of facilities for retained spring
154	training franchises in addition to those certified and funded
155	under subparagraph 1. Applications must be submitted by October
156	1, 2005, with certifications to be made by January 1, 2006. The
157	office shall rank the applications according to selection
158	criteria, certifying no more than three proposals. The aggregate
159	funding request of all applicants certified shall not exceed
160	$125,001 per month. The evaluation criteria shall include the
161	following, with priority given in descending order:
162	a.  The intended use of the funds by the applicant for
163	acquisition or construction of a new facility.
164	b.  The intended use of the funds by the applicant to
165	renovate a facility.
166	c.  The length of time that a facility to be used by a
167	retained spring training franchise has been used by one or more
168	spring training franchises, with priority given to a facility
169	that has been in continuous use as a facility for spring
170	training the longest.
171	d.  For those teams leasing a spring training facility from
172	a unit of local government, the remaining time on the lease for
173	facilities used by the spring training franchise, with priority
174	given to the shortest time period remaining on the lease. For
175	consideration under this subparagraph, the remaining time on the
176	lease shall not exceed 4 years.
177	e.  The duration of the future-use agreement with the
178	retained spring training franchise, with priority given to the
179	future-use agreement having the longest duration.
180	f.  The amount of the local match, with priority given to
181	the largest percentage of local match proposed.
182	g.  The net increase of total active recreation space owned
183	by the applying unit of local government following the
184	acquisition of land for the spring training facility, with
185	priority given to the largest percentage increase of total
186	active recreation space.
187	h.  The location of the facility in a brownfield area, an
188	enterprise zone, a community redevelopment area, or another area
189	of targeted development or revitalization included in an urban
190	infill redevelopment plan, with priority given to facilities
191	located in those areas.
192	i.  The projections on paid attendance attracted by the
193	facility and the proposed effect on the economy of the local
194	community, with priority given to the highest projected paid
195	attendance.
196	(7)(a)  The Office of Tourism, Trade, and Economic
197	Development shall notify the Department of Revenue of any
198	facility certified as a facility for a new professional sports
199	franchise or a facility for a retained professional sports
200	franchise or as a facility for a retained spring training
201	franchise. The Office of Tourism, Trade, and Economic
202	Development shall certify no more than nine eight facilities as
203	facilities for a new professional sports franchise or as
204	facilities for a retained professional sports franchise and
205	shall certify at least five as facilities for retained spring
206	training franchises, including in such total any facilities
207	certified by the Department of Commerce before July 1, 1996. The
208	number of certifications of facilities for retained spring
209	training franchises shall be pursuant to subsection (5). The
210	office may make no more than one certification for any facility.
211	The office may not certify funding for less than the requested
212	amount to any applicant certified as a facility for a retained
213	spring training franchise.
214	(b)  Certification of an applicant under this section for
215	the eighth certification for a facility for a new professional
216	sports franchise or for a facility for a retained professional
217	sports franchise shall be for an applicant for which the
218	franchise that serves as the basis of the certification is a
219	member of the National Basketball Association, has been located
220	within the state since 1987, and has not been previously
221	certified. This paragraph is repealed July 1, 2010.
222	(9)(a)  An applicant is not qualified for certification
223	under this section if the franchise formed the basis for a
224	previous certification, unless:
225	1.  The previous certification was withdrawn by the
226	facility or invalidated by the Office of Tourism, Trade, and
227	Economic Development or the Department of Commerce before any
228	funds were distributed pursuant to s. 212.20; or
229	2.  The previous certification was for an applicant that
230	served as the home facility for two professional sports
231	franchises and the franchise was used as a basis for the
232	certification of a new applicant. Notwithstanding any other
233	provision of this section, the franchise continuing to use the
234	original applicant shall be deemed the franchise forming the
235	basis of the previous certification and the previous
236	certification shall continue to apply for the time period
237	permitted from the original date of certification.
238	(b)  This subsection does not disqualify an applicant if
239	the previous certification occurred between May 23, 1993, and
240	May 25, 1993; however, any funds to be distributed pursuant to
241	s. 212.20 for the second certification shall be offset by the
242	amount distributed to the previous certified facility.
243	Distribution of funds for the second certification shall not be
244	made until all amounts payable for the first certification have
245	been distributed.
246	(c)  Payments to a certified applicant may not extend
247	beyond the period for which the original certification was
248	issued.
249	Section 3.  Notwithstanding any other provision of law, an
250	applicant that is certified after the effective date of this act
251	pursuant to s. 288.1162, Florida Statutes, by the Office of
252	Tourism, Trade, and Economic Development as a facility for a new
253	professional sports franchise or a facility for a retained
254	professional sports franchise may not receive disbursements
255	pursuant to s. 212.20(6)(d)7.b., Florida Statutes, until July 1,
256	2006.
257
258
259	================ T I T L E  A M E N D M E N T =============
260	Remove line(s) 7-13 and insert:
261	amending s. 212.20, F.S.; revising a limitation on monthly
262	aggregate distributions to certified facilities for a
263	retained spring training franchise; deleting provisions
264	with respect to the entitlement of certified applicants to
265	receive distributions for additional renovations and
266	improvements to a facility without additional
267	certification; providing for distribution of a portion of
268	revenues from the tax on sales, use, and other
269	transactions to specified units of local government owning
270	eligible convention centers; providing limitations;
271	requiring the Department of Revenue to prescribe certain
272	forms; specifying uses of certain distributions; providing
273	for future repeal; amending s. 288.1162, F.S.; requiring a
274	verified copy of a binding agreement for payment of cost
275	overruns as prerequisite for certification under certain
276	circumstances; providing procedures for certification of
277	additional facilities for a retained spring training
278	franchise; providing for application and selection;
279	establishing a maximum number of certifications and
280	funding; providing evaluation criteria; clarifying the
281	number of certifications of facilities for retained spring
282	training franchises; specifying criteria certification for
283	the remaining available certification slot; providing for
284	future repeal; increasing the number of facilities
285	certified by the Office of Tourism, Trade, and Economic
286	Development as facilities for a new professional sports
287	franchise or as facilities for a retained professional
288	sports franchise; providing an additional exception to
289	disqualification for certification of an applicant when
290	the franchise formed the basis of a previous
291	certification; providing that payments to a certified
292	applicant may not extend beyond the period for which the
293	original certification was issued; specifying the date on
294	which an applicant certified after the effective date of
295	the act may receive disbursements; creating s. 288.1171,
296	F.S.; providing

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