| 1 | A bill to be entitled |
| 2 | An act relating to economic development incentives; |
| 3 | amending s. 212.20, F.S.; providing for distribution of a |
| 4 | portion of revenues from the tax on sales, use, and other |
| 5 | transactions to specified units of local government owning |
| 6 | eligible convention centers; providing limitations; |
| 7 | requiring the Department of Revenue to prescribe certain |
| 8 | forms; creating s. 288.1171, F.S.; providing for |
| 9 | certification of units of local government owning eligible |
| 10 | convention centers by the Office of Tourism, Trade, and |
| 11 | Economic Development; requiring the office to adopt |
| 12 | specified rules; providing a definition; providing |
| 13 | requirements for certification; providing for use of |
| 14 | proceeds distributed to units of local government under |
| 15 | the act; providing for audits by the Department of |
| 16 | Revenue; providing for revocation of certification; |
| 17 | providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Paragraph (d) of subsection (6) of section |
| 22 | 212.20, Florida Statutes, is amended to read: |
| 23 | 212.20 Funds collected, disposition; additional powers of |
| 24 | department; operational expense; refund of taxes adjudicated |
| 25 | unconstitutionally collected.-- |
| 26 | (6) Distribution of all proceeds under this chapter and s. |
| 27 | 202.18(1)(b) and (2)(b) shall be as follows: |
| 28 | (d) The proceeds of all other taxes and fees imposed |
| 29 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
| 30 | and (2)(b) shall be distributed as follows: |
| 31 | 1. In any fiscal year, the greater of $500 million, minus |
| 32 | an amount equal to 4.6 percent of the proceeds of the taxes |
| 33 | collected pursuant to chapter 201, or 5 percent of all other |
| 34 | taxes and fees imposed pursuant to this chapter or remitted |
| 35 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
| 36 | monthly installments into the General Revenue Fund. |
| 37 | 2. Two-tenths of one percent shall be transferred to the |
| 38 | Ecosystem Management and Restoration Trust Fund to be used for |
| 39 | water quality improvement and water restoration projects. |
| 40 | 3. After the distribution under subparagraphs 1. and 2., |
| 41 | 8.814 percent of the amount remitted by a sales tax dealer |
| 42 | located within a participating county pursuant to s. 218.61 |
| 43 | shall be transferred into the Local Government Half-cent Sales |
| 44 | Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to |
| 45 | be transferred pursuant to this subparagraph to the Local |
| 46 | Government Half-cent Sales Tax Clearing Trust Fund shall be |
| 47 | reduced by 0.1 percent, and the department shall distribute this |
| 48 | amount to the Public Employees Relations Commission Trust Fund |
| 49 | less $5,000 each month, which shall be added to the amount |
| 50 | calculated in subparagraph 4. and distributed accordingly. |
| 51 | 4. After the distribution under subparagraphs 1., 2., and |
| 52 | 3., 0.095 percent shall be transferred to the Local Government |
| 53 | Half-cent Sales Tax Clearing Trust Fund and distributed pursuant |
| 54 | to s. 218.65. |
| 55 | 5. After the distributions under subparagraphs 1., 2., 3., |
| 56 | and 4., 2.0440 percent of the available proceeds pursuant to |
| 57 | this paragraph shall be transferred monthly to the Revenue |
| 58 | Sharing Trust Fund for Counties pursuant to s. 218.215. |
| 59 | 6. After the distributions under subparagraphs 1., 2., 3., |
| 60 | and 4., 1.3409 percent of the available proceeds pursuant to |
| 61 | this paragraph shall be transferred monthly to the Revenue |
| 62 | Sharing Trust Fund for Municipalities pursuant to s. 218.215. If |
| 63 | the total revenue to be distributed pursuant to this |
| 64 | subparagraph is at least as great as the amount due from the |
| 65 | Revenue Sharing Trust Fund for Municipalities and the former |
| 66 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 67 | 1999-2000, no municipality shall receive less than the amount |
| 68 | due from the Revenue Sharing Trust Fund for Municipalities and |
| 69 | the former Municipal Financial Assistance Trust Fund in state |
| 70 | fiscal year 1999-2000. If the total proceeds to be distributed |
| 71 | are less than the amount received in combination from the |
| 72 | Revenue Sharing Trust Fund for Municipalities and the former |
| 73 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 74 | 1999-2000, each municipality shall receive an amount |
| 75 | proportionate to the amount it was due in state fiscal year |
| 76 | 1999-2000. |
| 77 | 7. Of the remaining proceeds: |
| 78 | a. In each fiscal year, the sum of $29,915,500 shall be |
| 79 | divided into as many equal parts as there are counties in the |
| 80 | state, and one part shall be distributed to each county. The |
| 81 | distribution among the several counties shall begin each fiscal |
| 82 | year on or before January 5th and shall continue monthly for a |
| 83 | total of 4 months. If a local or special law required that any |
| 84 | moneys accruing to a county in fiscal year 1999-2000 under the |
| 85 | then-existing provisions of s. 550.135 be paid directly to the |
| 86 | district school board, special district, or a municipal |
| 87 | government, such payment shall continue until such time that the |
| 88 | local or special law is amended or repealed. The state covenants |
| 89 | with holders of bonds or other instruments of indebtedness |
| 90 | issued by local governments, special districts, or district |
| 91 | school boards prior to July 1, 2000, that it is not the intent |
| 92 | of this subparagraph to adversely affect the rights of those |
| 93 | holders or relieve local governments, special districts, or |
| 94 | district school boards of the duty to meet their obligations as |
| 95 | a result of previous pledges or assignments or trusts entered |
| 96 | into which obligated funds received from the distribution to |
| 97 | county governments under then-existing s. 550.135. This |
| 98 | distribution specifically is in lieu of funds distributed under |
| 99 | s. 550.135 prior to July 1, 2000. |
| 100 | b. The department shall distribute $166,667 monthly |
| 101 | pursuant to s. 288.1162 to each applicant that has been |
| 102 | certified as a "facility for a new professional sports |
| 103 | franchise" or a "facility for a retained professional sports |
| 104 | franchise" pursuant to s. 288.1162. Up to $41,667 shall be |
| 105 | distributed monthly by the department to each applicant that has |
| 106 | been certified as a "facility for a retained spring training |
| 107 | franchise" pursuant to s. 288.1162; however, not more than |
| 108 | $208,335 may be distributed monthly in the aggregate to all |
| 109 | certified facilities for a retained spring training franchise. |
| 110 | Distributions shall begin 60 days following such certification |
| 111 | and shall continue for not more than 30 years. Nothing contained |
| 112 | in this paragraph shall be construed to allow an applicant |
| 113 | certified pursuant to s. 288.1162 to receive more in |
| 114 | distributions than actually expended by the applicant for the |
| 115 | public purposes provided for in s. 288.1162(6). However, a |
| 116 | certified applicant is entitled to receive distributions up to |
| 117 | the maximum amount allowable and undistributed under this |
| 118 | section for additional renovations and improvements to the |
| 119 | facility for the franchise without additional certification. |
| 120 | c. Beginning 30 days after notice by the Office of |
| 121 | Tourism, Trade, and Economic Development to the Department of |
| 122 | Revenue that an applicant has been certified as the professional |
| 123 | golf hall of fame pursuant to s. 288.1168 and is open to the |
| 124 | public, $166,667 shall be distributed monthly, for up to 300 |
| 125 | months, to the applicant. |
| 126 | d. Beginning 30 days after notice by the Office of |
| 127 | Tourism, Trade, and Economic Development to the Department of |
| 128 | Revenue that the applicant has been certified as the |
| 129 | International Game Fish Association World Center facility |
| 130 | pursuant to s. 288.1169, and the facility is open to the public, |
| 131 | $83,333 shall be distributed monthly, for up to 168 months, to |
| 132 | the applicant. This distribution is subject to reduction |
| 133 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall be |
| 134 | made, after certification and before July 1, 2000. |
| 135 | e. The department shall distribute monthly to units of |
| 136 | local government that have been certified as owning eligible |
| 137 | convention centers pursuant to s. 288.1171 an amount equal to 50 |
| 138 | percent of the proceeds, as defined in paragraph (5)(a), |
| 139 | received and collected in the previous month by the department |
| 140 | under the provisions of this chapter which are generated by such |
| 141 | eligible convention centers and remitted on the sales and use |
| 142 | tax returns of eligible convention centers. Proceeds, for this |
| 143 | sub-subparagraph, are further defined as all applicable sales |
| 144 | taxes collected by an eligible convention center for standard |
| 145 | services provided by center staff to users of the center, which |
| 146 | include the following: parking, admission, ticket sales, food |
| 147 | services, electrical or like services, space rentals, equipment |
| 148 | rentals, and security services. The total distribution to each |
| 149 | unit of local government shall not exceed $2 million per state |
| 150 | fiscal year. However, total distributions to all units of local |
| 151 | government shall not exceed $10 million per state fiscal year, |
| 152 | and such distribution shall be limited exclusively to the taxes |
| 153 | collected and remitted under the provisions of this chapter. The |
| 154 | department shall prescribe forms required to be filed with the |
| 155 | department by eligible convention centers. Distributions shall |
| 156 | begin 60 days following notification of certification by the |
| 157 | Office of Tourism, Trade, and Economic Development pursuant to |
| 158 | s. 288.1171 and shall continue for not more than 30 years. |
| 159 | Distributions shall be used solely to encourage and provide |
| 160 | economic development for the attraction, recruitment, and |
| 161 | retention of corporate headquarters and of high-technology, |
| 162 | manufacturing, research and development, entertainment, and |
| 163 | tourism industries as designated by the unit of local government |
| 164 | by resolution of its governing body, and to assist the eligible |
| 165 | convention centers to attract more business and expand their |
| 166 | offerings, including developing their own events and shows. |
| 167 | 8. All other proceeds shall remain with the General |
| 168 | Revenue Fund. |
| 169 | Section 2. Section 288.1171, Florida Statutes, is created |
| 170 | to read: |
| 171 | 288.1171 Convention centers owned by units of local |
| 172 | government; certification as owning eligible convention centers; |
| 173 | duties.-- |
| 174 | (1) The Office of Tourism, Trade, and Economic Development |
| 175 | shall serve as the state agency for screening applicants for |
| 176 | state funding pursuant to s. 212.20(6)(d)7.e. and for certifying |
| 177 | an applicant as owning an eligible convention center. |
| 178 | (2) The Office of Tourism, Trade, and Economic Development |
| 179 | shall adopt rules pursuant to ss. 120.536(1) and 120.54 for the |
| 180 | receipt and processing of applications for funding pursuant to |
| 181 | s. 212.20(6)(d)7.e. |
| 182 | (3) As used in this section, the term "eligible convention |
| 183 | center" means a publicly owned facility having exhibition space |
| 184 | in excess of 60,000 square feet, the primary function of which |
| 185 | is to host meetings, conventions, or trade shows. |
| 186 | (4) Prior to certifying an applicant as owning an eligible |
| 187 | convention center, the Office of Tourism, Trade, and Economic |
| 188 | Development must determine that: |
| 189 | (a) The unit of local government, as defined in s. |
| 190 | 218.369, owns an eligible convention center. |
| 191 | (b) The convention center contains more than 60,000 square |
| 192 | feet of exhibit space. |
| 193 | (c) The unit of local government in which the convention |
| 194 | center is located has certified by resolution after a public |
| 195 | hearing that the application serves a public purpose pursuant to |
| 196 | subsection (7). |
| 197 | (d) The convention center is located in a county that is |
| 198 | levying a tourist development tax pursuant to s. 125.0104. |
| 199 | (5) Upon certification of an applicant, the Office of |
| 200 | Tourism, Trade, and Economic Development shall notify the |
| 201 | executive director of the Department of Revenue of such |
| 202 | certification by means of an official letter granting |
| 203 | certification. The Department of Revenue shall not begin |
| 204 | distributing proceeds until 60 days following notice by the |
| 205 | Office of Tourism, Trade, and Economic Development that a unit |
| 206 | of local government has been certified as owning an eligible |
| 207 | convention center. |
| 208 | (6) No applicant previously certified under any provision |
| 209 | of this section who has received proceeds under such |
| 210 | certification shall be eligible for an additional certification. |
| 211 | (7) A unit of local government certified as owning an |
| 212 | eligible convention center may use proceeds provided pursuant to |
| 213 | s. 212.20(6)(d)7.e. solely to encourage and provide economic |
| 214 | development for the attraction, recruitment, and retention of |
| 215 | corporate headquarters and of high-technology, manufacturing, |
| 216 | research and development, entertainment, and tourism industries |
| 217 | as designated by the unit of local government by resolution of |
| 218 | its governing body. |
| 219 | (8) The Department of Revenue may audit as provided in s. |
| 220 | 213.34 to verify that the distributions pursuant to this section |
| 221 | have been expended as required in this section. Such information |
| 222 | is subject to the confidentiality requirements of chapter 213. |
| 223 | If the Department of Revenue determines that the distributions |
| 224 | have not been expended as required by this section, it may |
| 225 | pursue recovery of such proceeds pursuant to the laws and rules |
| 226 | governing the assessment of taxes. |
| 227 | (9) Failure to use the proceeds as provided in this |
| 228 | section shall be grounds for revoking certification. |
| 229 | Section 3. This act shall take effect July 1, 2005. |