Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 615
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CHAMBER ACTION
Senate House
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05/05/2006 11:29 PM .
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11 Senators Garcia, Villalobos, and Diaz de la Portilla moved the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (7) of section 288.1162, Florida
19 Statutes, is amended to read:
20 288.1162 Professional sports franchises; spring
21 training franchises; duties.--
22 (7)(a) The Office of Tourism, Trade, and Economic
23 Development shall notify the Department of Revenue of any
24 facility certified as a facility for a new professional sports
25 franchise or a facility for a retained professional sports
26 franchise or as a facility for a retained spring training
27 franchise. The Office of Tourism, Trade, and Economic
28 Development shall certify no more than eight facilities as
29 facilities for a new professional sports franchise or as
30 facilities for a retained professional sports franchise and
31 shall certify at least five as facilities for retained spring
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1 training franchises, including in such total any facilities
2 certified by the Department of Commerce before July 1, 1996.
3 The office may make no more than one certification for any
4 facility. The office may not certify funding for less than the
5 requested amount to any applicant certified as a facility for
6 a retained spring training franchise.
7 (b) The eighth certification of an applicant under
8 this section as a facility for a new professional sports
9 franchise or a facility for a retained professional sports
10 franchise shall be for a franchise that is a member of the
11 National Basketball Association, has been located within the
12 state since 1987, and has not been previously certified. This
13 paragraph is repealed July 1, 2010.
14 Section 2. Section 288.11635, Florida Statutes, is
15 created to read:
16 288.11635 Professional sports franchise; additional
17 funding.--
18 (1) The Office of Tourism, Trade, and Economic
19 Development shall serve as the state agency for screening
20 applicants for state funding under s. 212.20(6)(d)7.c. and for
21 certifying an applicant as a "facility for a professional
22 sports franchise" which is eligible for funding under s.
23 212.20(6)(d)7.c.
24 (2) As used in this section, the term:
25 (a) "Force majeure event" means a flood, fire or other
26 casualty, war, revolution, civil commotion, act of a public
27 enemy, embargo, act of a government in its sovereign capacity,
28 or labor difficulty, including without limitation, a strike,
29 lockout, or any circumstance beyond the reasonable control of
30 a professional sports franchise affected.
31 (b) "League" has the same meaning as in s. 288.1162.
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1 (c) "Professional sports franchise" means a franchise
2 in the National League or the American League of Major League
3 Baseball, the National Basketball Association, the National
4 Football League, or the National Hockey League.
5 (d) "Unit of local government" has the same meaning as
6 in s. 218.369.
7 (3) The Office of Tourism, Trade, and Economic
8 Development shall adopt rules for the receipt and processing
9 of applications for funding under s. 212.20(6)(d)7.c.
10 (4) Before certifying an applicant as a "facility for
11 a professional sports franchise" which is eligible for funding
12 under s. 212.20(6)(d)7.c., the Office of Tourism, Trade, and
13 Economic Development must find that:
14 (a) A unit of local government is responsible for the
15 construction, maintenance, or operation of the professional
16 sports franchise facility or holds title to or a leasehold
17 interest in the property on which the professional sports
18 franchise facility is located.
19 (b) The applicant has a verified copy of the approval
20 from the governing authority of the league in which the
21 professional sports franchise exists or verified evidence that
22 it had a league-authorized location in this state on or before
23 July 1, 2006.
24 (c) The applicant has projections, verified by the
25 Office of Tourism, Trade, and Economic Development, which
26 demonstrate that the professional sports franchise will
27 attract a paid attendance of more than 300,000 annually.
28 (d) The applicant has an independent analysis or
29 study, verified by the Office of Tourism, Trade, and Economic
30 Development, which demonstrates that the amount of the
31 revenues generated by the state sales tax imposed under
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1 chapter 212 with respect to the use and operation of the
2 professional sports franchise facility will equal or exceed $4
3 million annually, except that if the professional sports
4 franchise that served as an applicant's basis for
5 certification under this section did not serve as an
6 applicant's basis for certification under s. 288.1162, then
7 tax revenues that equal or exceed $2 million annually must be
8 demonstrated.
9 (e) The municipality in which the facility for a
10 professional sports franchise is located, or the county if the
11 facility for a professional sports franchise is located in an
12 unincorporated area, has certified by resolution after a
13 public hearing that the application serves a public purpose.
14 (f) The Office of Tourism, Trade, and Economic
15 Development has received a signed agreement for the benefit
16 of, and enforceable by, the Department of Revenue from the
17 applicant and the owners of the professional sports franchise
18 which formed the basis for the applicant's certification under
19 this section, jointly, which agreement guarantees that each
20 year the applicant and the professional sports franchise
21 owners will reimburse the Department of Revenue the amount by
22 which state sales tax collections imposed with respect to the
23 use and operation of the certified facility during such year
24 are less than the amounts distributed under s.
25 212.20(6)(d)7.c. to the applicant under this section during
26 such year, and, if the same professional sports franchise also
27 formed the basis for an applicant's certification under s.
28 288.1162, the amount distributed under s. 212.20(6)(d)7.b., to
29 the applicant under s. 288.1162, during such year, unless such
30 state sales tax collections exceed the amounts distributed.
31 The Department of Revenue shall annually provide to the Office
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1 of Tourism, Trade, and Economic Development total state sales
2 tax collections in the prior calendar year for each facility
3 receiving distributions pursuant to s. 212.20(6)(d)7.c. and
4 must provide this information no later than March 15 of each
5 year. Required reimbursements to the Department of Revenue
6 must be made no later than June 30 of each year. The
7 reimbursement described by this paragraph is not required if
8 the facility's failure to generate sufficient state sales tax
9 collections imposed under chapter 212 is a result of a force
10 majeure event.
11 (g) The Office of Tourism, Trade, and Economic
12 Development has received a signed agreement for the benefit
13 of, and enforceable by, the Department of Revenue from the
14 applicant and the owners of the professional sports franchise
15 which formed the basis for the applicant's certification under
16 this section, jointly, which agreement guarantees that if a
17 professional sports franchise certified by the Office of
18 Tourism, Trade, and Economic Development pursuant to this
19 section receiving funding pursuant to s. 212.20(6)(d)7.c.,
20 leaves the state before all scheduled distributions are made,
21 within 6 months after the professional sports franchise leaves
22 the state, the applicant and the owners of the professional
23 sports franchise must pay to the state an amount equal to all
24 the remaining monthly sales tax distributions scheduled to be
25 made pursuant to s. 212.20(6)(d)7.c. This subsection does not
26 in any way invalidate the agreement pursuant to paragraph
27 (4)(f).
28 (h) A professional sports franchise may form the basis
29 for only one facility certified under this section for funding
30 under s. 212.20(6)(d)7.c.
31 (5) An applicant certified as a facility for a
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1 professional sports franchise which is certified for funding
2 under s. 212.20(6)(d)7.c. may use funds provided pursuant to
3 that sub-subparagraph only:
4 (a) For the public purpose of paying for the
5 acquisition, construction, reconstruction, renovation, capital
6 improvement, or maintenance of the facility for a professional
7 sports franchise or ancillary facilities, such as parking
8 structures; convention facilities and meeting rooms; retail
9 and concession space; health, fitness, and training
10 facilities; and youth and amateur sports facilities, which
11 support the operations of any such facility;
12 (b) To pay or pledge for the payment of debt service
13 on, or fund debt service reserve funds, arbitrage rebate
14 obligations, or other amounts payable with respect to bonds or
15 other indebtedness issued for the acquisition, construction,
16 reconstruction, renovation, or capital improvement of the
17 facility for a professional sports franchise or ancillary
18 facilities; or
19 (c) For reimbursement of costs or the refinancing of
20 bonds or other indebtedness, including the payment of any
21 interest and prepayment premium or penalty thereon, issued for
22 the acquisition, construction, reconstruction, renovation, or
23 capital improvement of the facility for a professional sports
24 franchise or ancillary facilities.
25 (6) The Office of Tourism, Trade, and Economic
26 Development shall notify the Department of Revenue of any
27 facility certified as a facility for a professional sports
28 franchise which is eligible for funding under s.
29 212.20(6)(d)7.c. However, the office may not certify a
30 facility until the Legislature has approved the applicant in a
31 separate bill adopted only for that purpose. Whenever the
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1 office determines that an applicant, having met all necessary
2 conditions pursuant to this section, is eligible to be
3 approved by the Legislature, it shall convey that
4 determination to the Governor, the President of the Senate,
5 and the Speaker of the House of Representatives.
6 (7) The Department of Revenue may conduct audits as
7 provided in s. 213.34 to verify that the distributions made
8 under this section have been expended as required in this
9 section. Such information is subject to the confidentiality
10 requirements of chapter 213. If the Department of Revenue
11 determines that the distributions made under this section have
12 not been expended as required by this section, it may pursue
13 recovery of the funds under the laws and rules governing the
14 assessment of taxes.
15 Section 3. 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.
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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
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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
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1 under then-existing s. 550.135. This distribution
2 specifically is in lieu of funds distributed under s. 550.135
3 prior to July 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. Up to $41,667 shall be
9 distributed monthly by the department to each applicant that
10 has been certified as a "facility for a retained spring
11 training franchise" pursuant to s. 288.1162; however, not more
12 than $208,335 may be distributed monthly in the aggregate to
13 all certified facilities for a retained spring training
14 franchise. Distributions shall begin 60 days following such
15 certification and shall continue for not more than 30 years.
16 Nothing contained in this paragraph shall be construed to
17 allow an applicant certified pursuant to s. 288.1162 to
18 receive more in distributions than actually expended by the
19 applicant for the public purposes provided for in s.
20 288.1162(6). However, a certified applicant is entitled to
21 receive distributions up to the maximum amount allowable and
22 undistributed under this section for additional renovations
23 and improvements to the facility for the franchise without
24 additional certification.
25 c. The department shall distribute $166,667 monthly
26 pursuant to s. 288.11635 to each applicant that has been
27 certified pursuant to s. 288.11635. Distributions must begin
28 60 days after such certification and must continue for not
29 more than 30 years. This paragraph does not allow an applicant
30 certified under s. 288.11635 to receive more in distributions
31 than the applicant actually expended for the public purposes
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1 provided for in s. 288.11635(5).
2 d.c. Beginning 30 days after notice by the Office of
3 Tourism, Trade, and Economic Development to the Department of
4 Revenue that an applicant has been certified as the
5 professional golf hall of fame pursuant to s. 288.1168 and is
6 open to the public, $166,667 shall be distributed monthly, for
7 up to 300 months, to the applicant.
8 e.d. Beginning 30 days after notice by the Office of
9 Tourism, Trade, and Economic Development to the Department of
10 Revenue that the applicant has been certified as the
11 International Game Fish Association World Center facility
12 pursuant to s. 288.1169, and the facility is open to the
13 public, $83,333 shall be distributed monthly, for up to 168
14 months, to the applicant. This distribution is subject to
15 reduction pursuant to s. 288.1169. A lump sum payment of
16 $999,996 shall be made, after certification and before July 1,
17 2000.
18 8. All other proceeds shall remain with the General
19 Revenue Fund.
20 Section 4. Subsection (6) of section 288.1169, Florida
21 Statutes, is amended to read:
22 288.1169 International Game Fish Association World
23 Center facility.--
24 (6) The Department of Commerce must recertify every 10
25 years that the facility is open, that the International Game
26 Fish Association World Center continues to be the only
27 international administrative headquarters, fishing museum, and
28 Hall of Fame in the United States recognized by the
29 International Game Fish Association, and that the project is
30 meeting the minimum projections for attendance or sales tax
31 revenues as required at the time of original certification.
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1 If the facility is not recertified during this 10-year review
2 as meeting the minimum projections, then funding will be
3 abated until certification criteria are met. If the project
4 fails to generate $1 million of annual revenues pursuant to s.
5 212.20 paragraph (2)(e), the distribution of revenues pursuant
6 to s. 212.20(6)(d)7.d. shall be reduced to an amount equal to
7 $83,333 multiplied by a fraction, the numerator of which is
8 the actual revenues generated and the denominator of which is
9 $1 million. Such reduction shall remain in effect until
10 revenues generated by the project in a 12-month period equal
11 or exceed $1 million.
12 Section 5. Paragraph (k) of subsection (7) of section
13 213.053, Florida Statutes, is amended to read:
14 213.053 Confidentiality and information sharing.--
15 (7) Notwithstanding any other provision of this
16 section, the department may provide:
17 (k)1. Payment information relative to chapters 199,
18 201, 212, 220, 221, and 624 to the Office of Tourism, Trade,
19 and Economic Development, or its employees or agents that are
20 identified in writing by the office to the department, in the
21 administration of the tax refund program for qualified defense
22 contractors authorized by s. 288.1045 and the tax refund
23 program for qualified target industry businesses authorized by
24 s. 288.106.
25 2. Information relative to tax credits taken by a
26 business under s. 220.191 and exemptions or tax refunds
27 received by a business under s. 212.08(5)(j) to the Office of
28 Tourism, Trade, and Economic Development, or its employees or
29 agents that are identified in writing by the office to the
30 department, in the administration and evaluation of the
31 capital investment tax credit program authorized in s. 220.191
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1 and the semiconductor, defense, and space tax exemption
2 program authorized in s. 212.08(5)(j).
3 3. Information relative to state sales tax collections
4 authorized by s. 288.11635 to the Office of Tourism, Trade,
5 and Economic Development, or its employees or agents, that are
6 identified in writing by the office to the department.
7 Section 6. Notwithstanding the provisions of s.
8 288.11635(6), Florida Statutes, the Office of Tourism, Trade,
9 and Economic Development may certify an applicant as a
10 facility for a professional sports franchise to the Department
11 of Revenue as eligible for funding under s. 212.20(6)(d)7.c.,
12 Florida Statutes, without the legislative approval required in
13 s. 288.11635(6), Florida Statutes, if the applicant has met
14 all other necessary conditions in s. 288.11635, Florida
15 Statutes, and if the certification is based on a professional
16 sports franchise whose previous facility was certified under
17 the provisions of s. 288.1162, Florida Statutes, and such
18 facility served as the home facility for two professional
19 sports franchises. The office of Tourism, Trade, and Economic
20 Development may not certify an applicant based on the
21 provisions of this section after June 30, 2007.
22 Section 7. This act shall take effect upon becoming a
23 law.
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26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 Delete everything before the enacting clause
29
30 and insert:
31 A bill to be entitled
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1 An act relating to professional sports
2 franchise facilities; amending s. 288.1162,
3 F.S.; providing additional requirements with
4 respect to certification as a facility for a
5 new professional sports franchise or a facility
6 for a retained professional sports franchise;
7 providing for repeal of the requirements by a
8 specified date; creating s. 288.11635, F.S.;
9 requiring the Office of Tourism, Trade, and
10 Economic Development to screen applicants for
11 state funding under s. 212.20(6)(d)7.c., F.S.,
12 and certify each facility for a new
13 professional sports franchise or facility for a
14 retained professional sports franchise that is
15 eligible for such funding; providing for
16 legislative approval; defining terms; providing
17 for rulemaking; providing prerequisites to
18 certification; prohibiting a facility from
19 receiving more than one certification;
20 restricting the use of funds; providing
21 limitations on certification; authorizing the
22 Department of Revenue to conduct audits in
23 order to verify that funds have been expended
24 as required and to pursue recovery of
25 inappropriately expended funds; providing for
26 reimbursement of sales tax distributions under
27 certain circumstances; amending s. 212.20,
28 F.S.; providing for the amounts to be
29 distributed to certified facilities under the
30 act and for the timetable for such
31 distributions; amending s. 288.1169, F.S.,
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1 relating to the International Game Fish
2 Association World Center; conforming a
3 cross-reference; amending s. 213.053, F.S.;
4 providing for sharing of sales tax information;
5 authorizing funding under s. 212.20(6)(d)7.c.,
6 F.S., without legislative approval under
7 certain circumstances; providing an effective
8 date.
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