Senate Bill sb1886c1
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Florida Senate - 2006 CS for SB 1886
By the Committee on Commerce and Consumer Services; and
Senator Fasano
577-2060-06
1 A bill to be entitled
2 An act relating to facilities for retained
3 spring training franchises; amending s. 212.20,
4 F.S.; revising a limitation on certain
5 distributions to certified facilities for a
6 retained spring training franchise; deleting a
7 provision entitling an applicant to receive
8 certain distributions without additional
9 certification; amending s. 288.1162, F.S.;
10 requiring the Office of Tourism, Trade, and
11 Economic Development to competitively evaluate
12 applications for funding of certain additional
13 facilities; providing application and
14 certification requirements; specifying
15 evaluation criteria; revising the number of
16 certifications of such facilities; providing an
17 effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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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
24 of department; operational expense; refund of taxes
25 adjudicated unconstitutionally collected.--
26 (6) Distribution of all proceeds under this chapter
27 and s. 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.
30 202.18(1)(b) and (2)(b) shall be distributed as follows:
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Florida Senate - 2006 CS for SB 1886
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1 1. In any fiscal year, the greater of $500 million,
2 minus an amount equal to 4.6 percent of the proceeds of the
3 taxes collected pursuant to chapter 201, or 5 percent of all
4 other taxes and fees imposed pursuant to this chapter or
5 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be
6 deposited in monthly installments into the General Revenue
7 Fund.
8 2. Two-tenths of one percent shall be transferred to
9 the Ecosystem Management and Restoration Trust Fund to be used
10 for water quality improvement and water restoration projects.
11 3. After the distribution under subparagraphs 1. and
12 2., 8.814 percent of the amount remitted by a sales tax dealer
13 located within a participating county pursuant to s. 218.61
14 shall be transferred into the Local Government Half-cent Sales
15 Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
16 be transferred pursuant to this subparagraph to the Local
17 Government Half-cent Sales Tax Clearing Trust Fund shall be
18 reduced by 0.1 percent, and the department shall distribute
19 this amount to the Public Employees Relations Commission Trust
20 Fund less $5,000 each month, which shall be added to the
21 amount calculated in subparagraph 4. and distributed
22 accordingly.
23 4. After the distribution under subparagraphs 1., 2.,
24 and 3., 0.095 percent shall be transferred to the Local
25 Government Half-cent Sales Tax Clearing Trust Fund and
26 distributed pursuant to s. 218.65.
27 5. After the distributions under subparagraphs 1., 2.,
28 3., and 4., 2.0440 percent of the available proceeds pursuant
29 to this paragraph shall be transferred monthly to the Revenue
30 Sharing Trust Fund for Counties pursuant to s. 218.215.
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Florida Senate - 2006 CS for SB 1886
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1 6. After the distributions under subparagraphs 1., 2.,
2 3., and 4., 1.3409 percent of the available proceeds pursuant
3 to this paragraph shall be transferred monthly to the Revenue
4 Sharing Trust Fund for Municipalities pursuant to s. 218.215.
5 If the total revenue to be distributed pursuant to this
6 subparagraph is at least as great as the amount due from the
7 Revenue Sharing Trust Fund for Municipalities and the former
8 Municipal Financial Assistance Trust Fund in state fiscal year
9 1999-2000, no municipality shall receive less than the amount
10 due from the Revenue Sharing Trust Fund for Municipalities and
11 the former Municipal Financial Assistance Trust Fund in state
12 fiscal year 1999-2000. If the total proceeds to be distributed
13 are less than the amount received in combination from the
14 Revenue Sharing Trust Fund for Municipalities and the former
15 Municipal Financial Assistance Trust Fund in state fiscal year
16 1999-2000, each municipality shall receive an amount
17 proportionate to the amount it was due in state fiscal year
18 1999-2000.
19 7. Of the remaining proceeds:
20 a. In each fiscal year, the sum of $29,915,500 shall
21 be divided into as many equal parts as there are counties in
22 the state, and one part shall be distributed to each county.
23 The distribution among the several counties shall begin each
24 fiscal year on or before January 5th and shall continue
25 monthly for a total of 4 months. If a local or special law
26 required that any moneys accruing to a county in fiscal year
27 1999-2000 under the then-existing provisions of s. 550.135 be
28 paid directly to the district school board, special district,
29 or a municipal government, such payment shall continue until
30 such time that the local or special law is amended or
31 repealed. The state covenants with holders of bonds or other
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Florida Senate - 2006 CS for SB 1886
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1 instruments of indebtedness issued by local governments,
2 special districts, or district school boards prior to July 1,
3 2000, that it is not the intent of this subparagraph to
4 adversely affect the rights of those holders or relieve local
5 governments, special districts, or district school boards of
6 the duty to meet their obligations as a result of previous
7 pledges or assignments or trusts entered into which obligated
8 funds received from the distribution to county governments
9 under then-existing s. 550.135. This distribution specifically
10 is in lieu of funds distributed under s. 550.135 prior to July
11 1, 2000.
12 b. The department shall distribute $166,667 monthly
13 pursuant to s. 288.1162 to each applicant that has been
14 certified as a "facility for a new professional sports
15 franchise" or a "facility for a retained professional sports
16 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
17 distributed monthly by the department to each applicant that
18 has been certified as a "facility for a retained spring
19 training franchise" pursuant to s. 288.1162; however, not more
20 than $416,670 $208,335 may be distributed monthly in the
21 aggregate to all certified facilities for a retained spring
22 training franchise. Distributions shall begin 60 days
23 following such certification and shall continue for not more
24 than 30 years. Nothing contained in this paragraph shall be
25 construed to allow an applicant certified pursuant to s.
26 288.1162 to receive more in distributions than actually
27 expended by the applicant for the public purposes provided for
28 in s. 288.1162(6). However, a certified applicant is entitled
29 to receive distributions up to the maximum amount allowable
30 and undistributed under this section for additional
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Florida Senate - 2006 CS for SB 1886
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1 renovations and improvements to the facility for the franchise
2 without additional certification.
3 c. Beginning 30 days after notice by the Office of
4 Tourism, Trade, and Economic Development to the Department of
5 Revenue that an applicant has been certified as the
6 professional golf hall of fame pursuant to s. 288.1168 and is
7 open to the public, $166,667 shall be distributed monthly, for
8 up to 300 months, to the applicant.
9 d. Beginning 30 days after notice by the Office of
10 Tourism, Trade, and Economic Development to the Department of
11 Revenue that the applicant has been certified as the
12 International Game Fish Association World Center facility
13 pursuant to s. 288.1169, and the facility is open to the
14 public, $83,333 shall be distributed monthly, for up to 168
15 months, to the applicant. This distribution is subject to
16 reduction pursuant to s. 288.1169. A lump sum payment of
17 $999,996 shall be made, after certification and before July 1,
18 2000.
19 8. All other proceeds shall remain with the General
20 Revenue Fund.
21 Section 2. Paragraph (c) of subsection (5) and
22 subsection (7) of section 288.1162, Florida Statutes, are
23 amended to read:
24 288.1162 Professional sports franchises; spring
25 training franchises; duties.--
26 (5)
27 (c)1. The Office of Tourism, Trade, and Economic
28 Development shall competitively evaluate applications for
29 funding of a facility for a retained spring training
30 franchise. Applications must be submitted by October 1, 2000,
31 with certifications to be made by January 1, 2001. If the
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Florida Senate - 2006 CS for SB 1886
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1 number of applicants exceeds five and the aggregate funding
2 request of all applications exceeds $208,335 per month, the
3 office shall rank the applications according to a selection
4 criteria, certifying the highest ranked proposals. The
5 evaluation criteria shall include, with priority given in
6 descending order to the following items:
7 a.1. The intended use of the funds by the applicant,
8 with priority given to the construction of a new facility.
9 b.2. The length of time that the existing franchise
10 has been located in the state, with priority given to
11 retaining franchises that have been in the same location the
12 longest.
13 c.3. The length of time that a facility to be used by
14 a retained spring training franchise has been used by one or
15 more spring training franchises, with priority given to the
16 facility that has been in continuous use as a facility for
17 spring training the longest.
18 d.4. For those teams leasing a spring training
19 facility from a unit of local government, the remaining time
20 on the lease for facilities used by the spring training
21 franchise, with priority given to the shortest time period
22 remaining on the lease.
23 e.5. The duration of the future-use agreement with the
24 retained spring training franchise, with priority given to the
25 future-use agreement having the longest duration.
26 f.6. The amount of the local match, with priority
27 given to the largest percentage of local match proposed.
28 g.7. The net increase of total active recreation space
29 owned by the applying unit of local government following the
30 acquisition of land for the spring training facility, with
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Florida Senate - 2006 CS for SB 1886
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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 five proposals.
20 The aggregate funding request of all applicants certified
21 shall not exceed an aggregate funding request of $208,335 per
22 month. The evaluation criteria shall include the following,
23 with priority given in descending 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 the
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Florida Senate - 2006 CS for 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 shall not exceed 5 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 CS for 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 facilities certified as retained spring training
10 franchises shall be as provided by subsection (5). The office
11 may make no more than one certification for any facility. The
12 office may not certify funding for less than the requested
13 amount to any applicant certified as a facility for a retained
14 spring training franchise.
15 Section 3. This act shall take effect July 1, 2006.
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17 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
18 Senate Bill 1886
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20 The committee substitute differs from the bill in the
following ways: it authorizes the Office of Tourism, Trade,
21 and Economic Development to certify up to five, rather than
three, new spring training facilities, and it increases the
22 aggregate funding cap to allow for distributions to the
additional facilities.
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