Senate Bill sb1886
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Florida Senate - 2006 SB 1886
By Senator Fasano
11-1129-06
1 A bill to be entitled
2 An act relating to professional sports
3 franchises; amending s. 212.20, F.S.; revising
4 a limitation on monthly aggregate distributions
5 to certified facilities for a retained spring
6 training franchise; deleting provisions with
7 respect to the entitlement of certified
8 applicants to receive distributions for
9 additional renovations and improvements to a
10 facility without additional certification;
11 amending s. 288.1162, F.S.; providing a
12 procedure for certification of additional
13 facilities for a retained spring training
14 franchise; providing for application and
15 selection; establishing maximum number of
16 certifications and funding; providing
17 evaluation criteria; clarifying the number of
18 certifications of facilities for retained
19 spring training franchises; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Paragraph (d) of subsection (6) of section
25 212.20, Florida Statutes, is amended to read:
26 212.20 Funds collected, disposition; additional powers
27 of department; operational expense; refund of taxes
28 adjudicated unconstitutionally collected.--
29 (6) Distribution of all proceeds under this chapter
30 and s. 202.18(1)(b) and (2)(b) shall be as follows:
31
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Florida Senate - 2006 SB 1886
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1 (d) The proceeds of all other taxes and fees imposed
2 pursuant to this chapter or remitted pursuant to s.
3 202.18(1)(b) and (2)(b) shall be distributed as follows:
4 1. In any fiscal year, the greater of $500 million,
5 minus an amount equal to 4.6 percent of the proceeds of the
6 taxes collected pursuant to chapter 201, or 5 percent of all
7 other taxes and fees imposed pursuant to this chapter or
8 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be
9 deposited in monthly installments into the General Revenue
10 Fund.
11 2. Two-tenths of one percent shall be transferred to
12 the Ecosystem Management and Restoration Trust Fund to be used
13 for water quality improvement and water restoration projects.
14 3. After the distribution under subparagraphs 1. and
15 2., 8.814 percent of the amount remitted by a sales tax dealer
16 located within a participating county pursuant to s. 218.61
17 shall be transferred into the Local Government Half-cent Sales
18 Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
19 be transferred pursuant to this subparagraph to the Local
20 Government Half-cent Sales Tax Clearing Trust Fund shall be
21 reduced by 0.1 percent, and the department shall distribute
22 this amount to the Public Employees Relations Commission Trust
23 Fund less $5,000 each month, which shall be added to the
24 amount calculated in subparagraph 4. and distributed
25 accordingly.
26 4. After the distribution under subparagraphs 1., 2.,
27 and 3., 0.095 percent shall be transferred to the Local
28 Government Half-cent Sales Tax Clearing Trust Fund and
29 distributed pursuant to s. 218.65.
30 5. After the distributions under subparagraphs 1., 2.,
31 3., and 4., 2.0440 percent of the available proceeds pursuant
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Florida Senate - 2006 SB 1886
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1 to this paragraph shall be transferred monthly to the Revenue
2 Sharing Trust Fund for Counties pursuant to s. 218.215.
3 6. After the distributions under subparagraphs 1., 2.,
4 3., and 4., 1.3409 percent of the available proceeds pursuant
5 to this paragraph shall be transferred monthly to the Revenue
6 Sharing Trust Fund for Municipalities pursuant to s. 218.215.
7 If the total revenue to be distributed pursuant to this
8 subparagraph is at least as great as the amount due from the
9 Revenue Sharing Trust Fund for Municipalities and the former
10 Municipal Financial Assistance Trust Fund in state fiscal year
11 1999-2000, no municipality shall receive less than the amount
12 due from the Revenue Sharing Trust Fund for Municipalities and
13 the former Municipal Financial Assistance Trust Fund in state
14 fiscal year 1999-2000. If the total proceeds to be distributed
15 are less than the amount received in combination from the
16 Revenue Sharing Trust Fund for Municipalities and the former
17 Municipal Financial Assistance Trust Fund in state fiscal year
18 1999-2000, each municipality shall receive an amount
19 proportionate to the amount it was due in state fiscal year
20 1999-2000.
21 7. Of the remaining proceeds:
22 a. In each fiscal year, the sum of $29,915,500 shall
23 be divided into as many equal parts as there are counties in
24 the state, and one part shall be distributed to each county.
25 The distribution among the several counties shall begin each
26 fiscal year on or before January 5th and shall continue
27 monthly for a total of 4 months. If a local or special law
28 required that any moneys accruing to a county in fiscal year
29 1999-2000 under the then-existing provisions of s. 550.135 be
30 paid directly to the district school board, special district,
31 or a municipal government, such payment shall continue until
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Florida Senate - 2006 SB 1886
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1 such time that the local or special law is amended or
2 repealed. The state covenants with holders of bonds or other
3 instruments of indebtedness issued by local governments,
4 special districts, or district school boards prior to July 1,
5 2000, that it is not the intent of this subparagraph to
6 adversely affect the rights of those holders or relieve local
7 governments, special districts, or district school boards of
8 the duty to meet their obligations as a result of previous
9 pledges or assignments or trusts entered into which obligated
10 funds received from the distribution to county governments
11 under then-existing s. 550.135. This distribution specifically
12 is in lieu of funds distributed under s. 550.135 prior to July
13 1, 2000.
14 b. The department shall distribute $166,667 monthly
15 pursuant to s. 288.1162 to each applicant that has been
16 certified as a "facility for a new professional sports
17 franchise" or a "facility for a retained professional sports
18 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
19 distributed monthly by the department to each applicant that
20 has been certified as a "facility for a retained spring
21 training franchise" pursuant to s. 288.1162; however, not more
22 than $333,336 $208,335 may be distributed monthly in the
23 aggregate to all certified facilities for a retained spring
24 training franchise. Distributions shall begin 60 days
25 following such certification and shall continue for not more
26 than 30 years. Nothing contained in this paragraph shall be
27 construed to allow an applicant certified pursuant to s.
28 288.1162 to receive more in distributions than actually
29 expended by the applicant for the public purposes provided for
30 in s. 288.1162(6). However, a certified applicant is entitled
31 to receive distributions up to the maximum amount allowable
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Florida Senate - 2006 SB 1886
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1 and undistributed under this section for additional
2 renovations and improvements to the facility for the franchise
3 without additional certification.
4 c. Beginning 30 days after notice by the Office of
5 Tourism, Trade, and Economic Development to the Department of
6 Revenue that an applicant has been certified as the
7 professional golf hall of fame pursuant to s. 288.1168 and is
8 open to the public, $166,667 shall be distributed monthly, for
9 up to 300 months, to the applicant.
10 d. Beginning 30 days after notice by the Office of
11 Tourism, Trade, and Economic Development to the Department of
12 Revenue that the applicant has been certified as the
13 International Game Fish Association World Center facility
14 pursuant to s. 288.1169, and the facility is open to the
15 public, $83,333 shall be distributed monthly, for up to 168
16 months, to the applicant. This distribution is subject to
17 reduction pursuant to s. 288.1169. A lump sum payment of
18 $999,996 shall be made, after certification and before July 1,
19 2000.
20 8. All other proceeds shall remain with the General
21 Revenue Fund.
22 Section 2. Paragraph (c) of subsection (5) and
23 subsection (7) of section 288.1162, Florida Statutes, are
24 amended to read:
25 288.1162 Professional sports franchises; spring
26 training franchises; duties.--
27 (5)
28 (c)1. The Office of Tourism, Trade, and Economic
29 Development shall competitively evaluate applications for
30 funding of a facility for a retained spring training
31 franchise. Applications must be submitted by October 1, 2000,
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1 with certifications to be made by January 1, 2001. If the
2 number of applicants exceeds five and the aggregate funding
3 request of all applications exceeds $208,335 per month, the
4 office shall rank the applications according to a selection
5 criteria, certifying the highest ranked proposals. The
6 evaluation criteria shall include, with priority given in
7 descending order to the following items:
8 a.1. The intended use of the funds by the applicant,
9 with priority given to the construction of a new facility.
10 b.2. The length of time that the existing franchise
11 has been located in the state, with priority given to
12 retaining franchises that have been in the same location the
13 longest.
14 c.3. The length of time that a facility to be used by
15 a retained spring training franchise has been used by one or
16 more spring training franchises, with priority given to a
17 facility that has been in continuous use as a facility for
18 spring training the longest.
19 d.4. For those teams leasing a spring training
20 facility from a unit of local government, the remaining time
21 on the lease for facilities used by the spring training
22 franchise, with priority given to the shortest time period
23 remaining on the lease.
24 e.5. The duration of the future-use agreement with the
25 retained spring training franchise, with priority given to the
26 future-use agreement having the longest duration.
27 f.6. The amount of the local match, with priority
28 given to the largest percentage of local match proposed.
29 g.7. The net increase of total active recreation space
30 owned by the applying unit of local government following the
31 acquisition of land for the spring training facility, with
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1 priority given to the largest percentage increase of total
2 active recreation space.
3 h.8. The location of the facility in a brownfield, an
4 enterprise zone, a community redevelopment area, or other area
5 of targeted development or revitalization included in an Urban
6 Infill Redevelopment Plan, with priority given to facilities
7 located in these areas.
8 i.9. The projections on paid attendance attracted by
9 the facility and the proposed effect on the economy of the
10 local community, with priority given to the highest projected
11 paid attendance.
12 2. Beginning July 1, 2006, the Office of Tourism,
13 Trade, and Economic Development shall competitively evaluate
14 applications for funding of facilities for retained spring
15 training franchises in addition to those certified and funded
16 under subparagraph 1. Applications must be submitted by
17 October 1, 2006, with certifications to be made by January 1,
18 2007. The office shall rank the applications according to
19 selection criteria, certifying no more than three proposals.
20 The aggregate funding request of all applicants certified may
21 not exceed $125,001 per month. The evaluation criteria shall
22 include the following, with priority given in descending
23 order:
24 a. The intended use of the funds by the applicant for
25 acquisition or construction of a new facility.
26 b. The intended use of the funds by the applicant to
27 renovate a facility.
28 c. The length of time that a facility to be used by a
29 retained spring training franchise has been used by one or
30 more spring training franchises, with priority given to a
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Florida Senate - 2006 SB 1886
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1 facility that has been in continuous use as a facility for
2 spring training the longest.
3 d. For those teams leasing a spring training facility
4 from a unit of local government, the remaining time on the
5 lease for facilities used by the spring training franchise,
6 with priority given to the shortest time period remaining on
7 the lease. For consideration under this subparagraph, the
8 remaining time on the lease may not exceed 4 years.
9 e. The duration of the future-use agreement with the
10 retained spring training franchise, with priority given to the
11 future-use agreement having the longest duration.
12 f. The amount of the local match, with priority given
13 to the largest percentage of local match proposed.
14 g. The net increase of total active recreation space
15 owned by the applying unit of local government following the
16 acquisition of land for the spring training facility, with
17 priority given to the largest percentage increase of total
18 active recreation space.
19 h. The location of the facility in a brownfield area,
20 an enterprise zone, a community redevelopment area, or another
21 area of targeted development or revitalization included in an
22 Urban Infill Redevelopment Plan, with priority given to
23 facilities located in those areas.
24 i. The projections on paid attendance attracted by the
25 facility and the proposed effect on the economy of the local
26 community, with priority given to the highest projected paid
27 attendance.
28 (7) The Office of Tourism, Trade, and Economic
29 Development shall notify the Department of Revenue of any
30 facility certified as a facility for a new professional sports
31 franchise or a facility for a retained professional sports
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Florida Senate - 2006 SB 1886
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1 franchise or as a facility for a retained spring training
2 franchise. The Office of Tourism, Trade, and Economic
3 Development shall certify no more than eight facilities as
4 facilities for a new professional sports franchise or as
5 facilities for a retained professional sports franchise and
6 shall certify at least five as facilities for retained spring
7 training franchises, including in such total any facilities
8 certified by the Department of Commerce before July 1, 1996.
9 The number of certifications of facilities for retained spring
10 training franchises shall be pursuant to subsection (5). The
11 office may make no more than one certification for any
12 facility. The office may not certify funding for less than the
13 requested amount to any applicant certified as a facility for
14 a retained spring training franchise.
15 Section 3. This act shall take effect upon becoming a
16 law.
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19 SENATE SUMMARY
20 Revises provisions related to professional sports
franchises. Revises certain monthly aggregate
21 distribution limitations to certified facilities for a
retained spring training franchise. Deletes certain
22 entitlement provisions for specified facility renovations
and improvements. Establishes certain evaluation criteria
23 for the funding of facilities for such franchises. (See
bill for details.)
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