HB 7089

1	A bill to be entitled
2	An act relating to facilities for retained spring training
3	franchises; amending s. 212.20, F.S.; revising a
4	limitation on certain distributions to certified
5	facilities for a retained spring training franchise;
6	deleting a provision entitling an applicant to receive
7	certain distributions without additional certification;
8	amending s. 288.1162, F.S.; requiring the Office of
9	Tourism, Trade, and Economic Development to competitively
10	evaluate applications for funding of certain additional
11	facilities; providing application and certification
12	requirements; specifying evaluation criteria; revising the
13	number of certifications of such facilities; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Paragraph (d) of subsection (6) of section
19	212.20, Florida Statutes, is amended to read:
20	212.20  Funds collected, disposition; additional powers of
21	department; operational expense; refund of taxes adjudicated
22	unconstitutionally collected.--
23	(6)  Distribution of all proceeds under this chapter and s.
24	202.18(1)(b) and (2)(b) shall be as follows:
25	(d)  The proceeds of all other taxes and fees imposed
26	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
27	and (2)(b) shall be distributed as follows:
28	1.  In any fiscal year, the greater of $500 million, minus
29	an amount equal to 4.6 percent of the proceeds of the taxes
30	collected pursuant to chapter 201, or 5 percent of all other
31	taxes and fees imposed pursuant to this chapter or remitted
32	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
33	monthly installments into the General Revenue Fund.
34	2.  Two-tenths of one percent shall be transferred to the
35	Ecosystem Management and Restoration Trust Fund to be used for
36	water quality improvement and water restoration projects.
37	3.  After the distribution under subparagraphs 1. and 2.,
38	8.814 percent of the amount remitted by a sales tax dealer
39	located within a participating county pursuant to s. 218.61
40	shall be transferred into the Local Government Half-cent Sales
41	Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
42	be transferred pursuant to this subparagraph to the Local
43	Government Half-cent Sales Tax Clearing Trust Fund shall be
44	reduced by 0.1 percent, and the department shall distribute this
45	amount to the Public Employees Relations Commission Trust Fund
46	less $5,000 each month, which shall be added to the amount
47	calculated in subparagraph 4. and distributed accordingly.
48	4.  After the distribution under subparagraphs 1., 2., and
49	3., 0.095 percent shall be transferred to the Local Government
50	Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
51	to s. 218.65.
52	5.  After the distributions under subparagraphs 1., 2., 3.,
53	and 4., 2.0440 percent of the available proceeds pursuant to
54	this paragraph shall be transferred monthly to the Revenue
55	Sharing Trust Fund for Counties pursuant to s. 218.215.
56	6.  After the distributions under subparagraphs 1., 2., 3.,
57	and 4., 1.3409 percent of the available proceeds pursuant to
58	this paragraph shall be transferred monthly to the Revenue
59	Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
60	the total revenue to be distributed pursuant to this
61	subparagraph is at least as great as the amount due from the
62	Revenue Sharing Trust Fund for Municipalities and the former
63	Municipal Financial Assistance Trust Fund in state fiscal year
64	1999-2000, no municipality shall receive less than the amount
65	due from the Revenue Sharing Trust Fund for Municipalities and
66	the former Municipal Financial Assistance Trust Fund in state
67	fiscal year 1999-2000. If the total proceeds to be distributed
68	are less than the amount received in combination from the
69	Revenue Sharing Trust Fund for Municipalities and the former
70	Municipal Financial Assistance Trust Fund in state fiscal year
71	1999-2000, each municipality shall receive an amount
72	proportionate to the amount it was due in state fiscal year
73	1999-2000.
74	7.  Of the remaining proceeds:
75	a.  In each fiscal year, the sum of $29,915,500 shall be
76	divided into as many equal parts as there are counties in the
77	state, and one part shall be distributed to each county. The
78	distribution among the several counties shall begin each fiscal
79	year on or before January 5th and shall continue monthly for a
80	total of 4 months. If a local or special law required that any
81	moneys accruing to a county in fiscal year 1999-2000 under the
82	then-existing provisions of s. 550.135 be paid directly to the
83	district school board, special district, or a municipal
84	government, such payment shall continue until such time that the
85	local or special law is amended or repealed. The state covenants
86	with holders of bonds or other instruments of indebtedness
87	issued by local governments, special districts, or district
88	school boards prior to July 1, 2000, that it is not the intent
89	of this subparagraph to adversely affect the rights of those
90	holders or relieve local governments, special districts, or
91	district school boards of the duty to meet their obligations as
92	a result of previous pledges or assignments or trusts entered
93	into which obligated funds received from the distribution to
94	county governments under then-existing s. 550.135. This
95	distribution specifically is in lieu of funds distributed under
96	s. 550.135 prior to July 1, 2000.
97	b.  The department shall distribute $166,667 monthly
98	pursuant to s. 288.1162 to each applicant that has been
99	certified as a "facility for a new professional sports
100	franchise" or a "facility for a retained professional sports
101	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
102	distributed monthly by the department to each applicant that has
103	been certified as a "facility for a retained spring training
104	franchise" pursuant to s. 288.1162; however, not more than
105	$416,670 $208,335 may be distributed monthly in the aggregate to
106	all certified facilities for a retained spring training
107	franchise. Distributions shall begin 60 days following such
108	certification and shall continue for not more than 30 years.
109	Nothing contained in this paragraph shall be construed to allow
110	an applicant certified pursuant to s. 288.1162 to receive more
111	in distributions than actually expended by the applicant for the
112	public purposes provided for in s. 288.1162(6). However, a
113	certified applicant is entitled to receive distributions up to
114	the maximum amount allowable and undistributed under this
115	section for additional renovations and improvements to the
116	facility for the franchise without additional certification.
117	c.  Beginning 30 days after notice by the Office of
118	Tourism, Trade, and Economic Development to the Department of
119	Revenue that an applicant has been certified as the professional
120	golf hall of fame pursuant to s. 288.1168 and is open to the
121	public, $166,667 shall be distributed monthly, for up to 300
122	months, to the applicant.
123	d.  Beginning 30 days after notice by the Office of
124	Tourism, Trade, and Economic Development to the Department of
125	Revenue that the applicant has been certified as the
126	International Game Fish Association World Center facility
127	pursuant to s. 288.1169, and the facility is open to the public,
128	$83,333 shall be distributed monthly, for up to 168 months, to
129	the applicant. This distribution is subject to reduction
130	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
131	made, after certification and before July 1, 2000.
132	8.  All other proceeds shall remain with the General
133	Revenue Fund.
134	Section 2.  Paragraph (c) of subsection (5) and subsection
135	(7) of section 288.1162, Florida Statutes, are amended to read:
136	288.1162  Professional sports franchises; spring training
137	franchises; duties.--
138	(5)
139	(c)1.  The Office of Tourism, Trade, and Economic
140	Development shall competitively evaluate applications for
141	funding of a facility for a retained spring training franchise.
142	Applications must be submitted by October 1, 2000, with
143	certifications to be made by January 1, 2001. If the number of
144	applicants exceeds five and the aggregate funding request of all
145	applications exceeds $208,335 per month, the office shall rank
146	the applications according to a selection criteria, certifying
147	the highest ranked proposals. The evaluation criteria shall
148	include, with priority given in descending order to the
149	following items:
150	a.1.  The intended use of the funds by the applicant, with
151	priority given to the construction of a new facility.
152	b.2.  The length of time that the existing franchise has
153	been located in the state, with priority given to retaining
154	franchises that have been in the same location the longest.
155	c.3.  The length of time that a facility to be used by a
156	retained spring training franchise has been used by one or more
157	spring training franchises, with priority given to a facility
158	that has been in continuous use as a facility for spring
159	training the longest.
160	d.4.  For those teams leasing a spring training facility
161	from a unit of local government, the remaining time on the lease
162	for facilities used by the spring training franchise, with
163	priority given to the shortest time period remaining on the
164	lease.
165	e.5.  The duration of the future-use agreement with the
166	retained spring training franchise, with priority given to the
167	future-use agreement having the longest duration.
168	f.6.  The amount of the local match, with priority given to
169	the largest percentage of local match proposed.
170	g.7.  The net increase of total active recreation space
171	owned by the applying unit of local government following the
172	acquisition of land for the spring training facility, with
173	priority given to the largest percentage increase of total
174	active recreation space.
175	h.8.  The location of the facility in a brownfield, an
176	enterprise zone, a community redevelopment area, or other area
177	of targeted development or revitalization included in an Urban
178	Infill Redevelopment Plan, with priority given to facilities
179	located in these areas.
180	i.9.  The projections on paid attendance attracted by the
181	facility and the proposed effect on the economy of the local
182	community, with priority given to the highest projected paid
183	attendance.
184	2.  Beginning July 1, 2006, the Office of Tourism, Trade,
185	and Economic Development shall competitively evaluate
186	applications for funding of facilities for retained spring
187	training franchises in addition to those certified and funded
188	under subparagraph 1. Applications must be submitted by October
189	1, 2006, with certifications to be made by January 1, 2007. The
190	office shall rank the applications according to selection
191	criteria, certifying no more than five proposals. The aggregate
192	funding request of all applicants certified shall not exceed an
193	aggregate funding request of $208,335 per month. The evaluation
194	criteria shall include the following, with priority given in
195	descending order:
196	a.  The intended use of the funds by the applicant for
197	acquisition or construction of a new facility.
198	b.  The intended use of the funds by the applicant to
199	renovate a facility.
200	c.  The length of time that a facility to be used by a
201	retained spring training franchise has been used by one or more
202	spring training franchises, with priority given to a facility
203	that has been in continuous use as a facility for spring
204	training the longest.
205	d.  For those teams leasing a spring training facility from
206	a unit of local government, the remaining time on the lease for
207	facilities used by the spring training franchise, with priority
208	given to the shortest time period remaining on the lease. For
209	consideration under this subparagraph, the remaining time on the
210	lease shall not exceed 5 years.
211	e.  The duration of the future-use agreement with the
212	retained spring training franchise, with priority given to the
213	future-use agreement having the longest duration.
214	f.  The amount of the local match, with priority given to
215	the largest percentage of local match proposed.
216	g.  The net increase of total active recreation space owned
217	by the applying unit of local government following the
218	acquisition of land for the spring training facility, with
219	priority given to the largest percentage increase of total
220	active recreation space.
221	h.  The location of the facility in a brownfield area, an
222	enterprise zone, a community redevelopment area, or another area
223	of targeted development or revitalization included in an urban
224	infill redevelopment plan, with priority given to facilities
225	located in those areas.
226	i.  The projections on paid attendance attracted by the
227	facility and the proposed effect on the economy of the local
228	community, with priority given to the highest projected paid
229	attendance.
230	(7)  The Office of Tourism, Trade, and Economic Development
231	shall notify the Department of Revenue of any facility certified
232	as a facility for a new professional sports franchise or a
233	facility for a retained professional sports franchise or as a
234	facility for a retained spring training franchise. The Office of
235	Tourism, Trade, and Economic Development shall certify no more
236	than eight facilities as facilities for a new professional
237	sports franchise or as facilities for a retained professional
238	sports franchise and shall certify at least five as facilities
239	for retained spring training franchises, including in such total
240	any facilities certified by the Department of Commerce before
241	July 1, 1996. The number of facilities certified as a retained
242	spring training franchise shall be as provided by subsection
243	(5). The office may make no more than one certification for any
244	facility. The office may not certify funding for less than the
245	requested amount to any applicant certified as a facility for a
246	retained spring training franchise.
247	Section 3.  This act shall take effect July 1, 2006.

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