Senate Bill sb2642c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                           CS for SB 2642

    By the Committee on Commerce and Consumer Services; and
    Senator Saunders




    577-2107-05

  1                      A bill to be entitled

  2         An act relating to facilities for professional

  3         sports franchises; amending s. 212.20, F.S.;

  4         increasing a monthly distribution of funds to

  5         applicants certified as facilities for certain

  6         professional sports franchises; amending s.

  7         288.1162, F.S.; conforming certification

  8         requirements to changes in distribution of

  9         funds to applicants certified as facilities for

10         certain professional sports franchises;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Paragraph (d) of subsection (6) of section

16  212.20, Florida Statutes, is amended to read:

17         212.20  Funds collected, disposition; additional powers

18  of department; operational expense; refund of taxes

19  adjudicated unconstitutionally collected.--

20         (6)  Distribution of all proceeds under this chapter

21  and s. 202.18(1)(b) and (2)(b) shall be as follows:

22         (d)  The proceeds of all other taxes and fees imposed

23  pursuant to this chapter or remitted pursuant to s.

24  202.18(1)(b) and (2)(b) shall be distributed as follows:

25         1.  In any fiscal year, the greater of $500 million,

26  minus an amount equal to 4.6 percent of the proceeds of the

27  taxes collected pursuant to chapter 201, or 5 percent of all

28  other taxes and fees imposed pursuant to this chapter or

29  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

30  deposited in monthly installments into the General Revenue

31  Fund.

                                  1

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






    Florida Senate - 2005                           CS for SB 2642
    577-2107-05




 1         2.  Two-tenths of one percent shall be transferred to

 2  the Ecosystem Management and Restoration Trust Fund to be used

 3  for water quality improvement and water restoration projects.

 4         3.  After the distribution under subparagraphs 1. and

 5  2., 8.814 percent of the amount remitted by a sales tax dealer

 6  located within a participating county pursuant to s. 218.61

 7  shall be transferred into the Local Government Half-cent Sales

 8  Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to

 9  be transferred pursuant to this subparagraph to the Local

10  Government Half-cent Sales Tax Clearing Trust Fund shall be

11  reduced by 0.1 percent, and the department shall distribute

12  this amount to the Public Employees Relations Commission Trust

13  Fund less $5,000 each month, which shall be added to the

14  amount calculated in subparagraph 4. and distributed

15  accordingly.

16         4.  After the distribution under subparagraphs 1., 2.,

17  and 3., 0.095 percent shall be transferred to the Local

18  Government Half-cent Sales Tax Clearing Trust Fund and

19  distributed pursuant to s. 218.65.

20         5.  After the distributions under subparagraphs 1., 2.,

21  3., and 4., 2.0440 percent of the available proceeds pursuant

22  to this paragraph shall be transferred monthly to the Revenue

23  Sharing Trust Fund for Counties pursuant to s. 218.215.

24         6.  After the distributions under subparagraphs 1., 2.,

25  3., and 4., 1.3409 percent of the available proceeds pursuant

26  to this paragraph shall be transferred monthly to the Revenue

27  Sharing Trust Fund for Municipalities pursuant to s. 218.215.

28  If the total revenue to be distributed pursuant to this

29  subparagraph is at least as great as the amount due from the

30  Revenue Sharing Trust Fund for Municipalities and the former

31  Municipal Financial Assistance Trust Fund in state fiscal year

                                  2

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






    Florida Senate - 2005                           CS for SB 2642
    577-2107-05




 1  1999-2000, no municipality shall receive less than the amount

 2  due from the Revenue Sharing Trust Fund for Municipalities and

 3  the former Municipal Financial Assistance Trust Fund in state

 4  fiscal year 1999-2000. If the total proceeds to be distributed

 5  are less than the amount received in combination from the

 6  Revenue Sharing Trust Fund for Municipalities and the former

 7  Municipal Financial Assistance Trust Fund in state fiscal year

 8  1999-2000, each municipality shall receive an amount

 9  proportionate to the amount it was due in state fiscal year

10  1999-2000.

11         7.  Of the remaining proceeds:

12         a.  In each fiscal year, the sum of $29,915,500 shall

13  be divided into as many equal parts as there are counties in

14  the state, and one part shall be distributed to each county.

15  The distribution among the several counties shall begin each

16  fiscal year on or before January 5th and shall continue

17  monthly for a total of 4 months. If a local or special law

18  required that any moneys accruing to a county in fiscal year

19  1999-2000 under the then-existing provisions of s. 550.135 be

20  paid directly to the district school board, special district,

21  or a municipal government, such payment shall continue until

22  such time that the local or special law is amended or

23  repealed. The state covenants with holders of bonds or other

24  instruments of indebtedness issued by local governments,

25  special districts, or district school boards prior to July 1,

26  2000, that it is not the intent of this subparagraph to

27  adversely affect the rights of those holders or relieve local

28  governments, special districts, or district school boards of

29  the duty to meet their obligations as a result of previous

30  pledges or assignments or trusts entered into which obligated

31  funds received from the distribution to county governments

                                  3

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






    Florida Senate - 2005                           CS for SB 2642
    577-2107-05




 1  under then-existing s. 550.135. This distribution specifically

 2  is in lieu of funds distributed under s. 550.135 prior to July

 3  1, 2000.

 4         b.  The department shall distribute $166,667 monthly

 5  pursuant to s. 288.1162 to each applicant that has been

 6  certified as a "facility for a new professional sports

 7  franchise" or a "facility for a retained professional sports

 8  franchise" pursuant to s. 288.1162; however, for each

 9  applicant that has been certified as a "facility for a new

10  professional sports franchise" or a "facility for a retained

11  professional sports franchise" on or after January 1, 2005,

12  such distribution shall be $275,000 monthly. Up to $41,667

13  shall be distributed monthly by the department to each

14  applicant that has been certified as a "facility for a

15  retained spring training franchise" pursuant to s. 288.1162;

16  however, not more than $208,335 may be distributed monthly in

17  the aggregate to all certified facilities for a retained

18  spring training franchise. Distributions shall begin 60 days

19  following such certification and shall continue for not more

20  than 30 years. Nothing contained in this paragraph shall be

21  construed to allow an applicant certified pursuant to s.

22  288.1162 to receive more in distributions than actually

23  expended by the applicant for the public purposes provided for

24  in s. 288.1162(6). However, a certified applicant is entitled

25  to receive distributions up to the maximum amount allowable

26  and undistributed under this section for additional

27  renovations and improvements to the facility for the franchise

28  without additional certification.

29         c.  Beginning 30 days after notice by the Office of

30  Tourism, Trade, and Economic Development to the Department of

31  Revenue that an applicant has been certified as the

                                  4

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






    Florida Senate - 2005                           CS for SB 2642
    577-2107-05




 1  professional golf hall of fame pursuant to s. 288.1168 and is

 2  open to the public, $166,667 shall be distributed monthly, for

 3  up to 300 months, to the applicant.

 4         d.  Beginning 30 days after notice by the Office of

 5  Tourism, Trade, and Economic Development to the Department of

 6  Revenue that the applicant has been certified as the

 7  International Game Fish Association World Center facility

 8  pursuant to s. 288.1169, and the facility is open to the

 9  public, $83,333 shall be distributed monthly, for up to 168

10  months, to the applicant. This distribution is subject to

11  reduction pursuant to s. 288.1169. A lump sum payment of

12  $999,996 shall be made, after certification and before July 1,

13  2000.

14         8.  All other proceeds shall remain with the General

15  Revenue Fund.

16         Section 2.  Paragraph (e) of subsection (4) of section

17  288.1162, Florida Statutes, is amended to read:

18         288.1162  Professional sports franchises; spring

19  training franchises; duties.--

20         (4)  Prior to certifying an applicant as a "facility

21  for a new professional sports franchise" or a "facility for a

22  retained professional sports franchise," the Office of

23  Tourism, Trade, and Economic Development must determine that:

24         (e)  The applicant has an independent analysis or

25  study, verified by the Office of Tourism, Trade, and Economic

26  Development, which demonstrates that the amount of the

27  revenues generated by the taxes imposed under chapter 212 with

28  respect to the use and operation of the professional sports

29  franchise facility will equal or exceed the amount of the

30  annual distribution for which the applicant is eligible under

31  s. 212.20 $2 million annually.

                                  5

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






    Florida Senate - 2005                           CS for SB 2642
    577-2107-05




 1         Section 3.  This act shall take effect upon becoming a

 2  law.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 2642

 6                                 

 7  The committee substitute differs from the bill in that:

 8  -    Changes references to "certified new or retained
         professional sports franchises" to "certified facility
 9       for a new professional sports franchise" and "certified
         facility for a retained professional sports franchise" to
10       conform to current law.

11  -    Deletes the provision that allows "previously certified
         new or retained professional sports franchises" to
12       receive additional sales tax distributions if they
         undertake additional renovations or improvements.
13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  6

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