1 | Representative Traviesa offered the following: |
2 |
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3 | Amendment |
4 | Remove lines 43-182 and insert: |
5 |
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6 | (c) "Professional sports franchise" means a franchise in |
7 | the National Basketball Association that began playing games |
8 | before January 1, 1990, but not before January 1, 1989, or a |
9 | franchise in the National Hockey League that began playing games |
10 | before January 1, 1993. |
11 | (d) "Unit of local government" has the same meaning as |
12 | provided in s. 218.369. |
13 | (3) The Office of Tourism, Trade, and Economic Development |
14 | shall develop rules for the receipt and processing of |
15 | applications for funding pursuant to s. 212.20(6)(d)7.c. |
16 | (4) Before certifying an applicant as a "facility for a |
17 | professional sports franchise" eligible for funding pursuant to |
18 | s. 212.20(6)(d)7.c., the Office of Tourism, Trade, and Economic |
19 | Development must: |
20 | (a) Determine that a unit of local government is |
21 | responsible for the construction, maintenance, or operation of |
22 | the professional sports franchise facility or holds title to or |
23 | a leasehold interest in the property on which the professional |
24 | sports franchise facility is located and the applicant is or |
25 | will be the owner, tenant, or operator of the professional |
26 | sports franchise facility. |
27 | (b) Determine that the applicant has a verified copy of |
28 | the approval from the governing authority of the league in which |
29 | the professional sports franchise exists or verified evidence |
30 | that it has had a league-authorized location in this state on or |
31 | before July 1, 2007. |
32 | (c) Determine that the applicant has projections, verified |
33 | by the Office of Tourism, Trade, and Economic Development, that |
34 | demonstrate that the professional sports franchise will attract |
35 | a paid attendance of more than 300,000 annually. |
36 | (d) Determine that the applicant has an independent |
37 | analysis or study, verified by the Office of Tourism, Trade, and |
38 | Economic Development, that demonstrates that the amount of the |
39 | revenues generated by the taxes imposed under chapter 212 with |
40 | respect to the use and operation of the professional sports |
41 | franchise facility will equal or exceed $4 million annually. |
42 | (e) Determine that the municipality or county in which the |
43 | facility for a professional sports franchise is located has |
44 | certified by resolution after a public hearing that the |
45 | application serves a public purpose. |
46 | (f) Receive a signed agreement for the benefit of and |
47 | enforceable by the Department of Revenue from the applicant or |
48 | the current owner of the professional sports franchise that |
49 | formed the basis for the applicant's certification pursuant to |
50 | this section that guarantees that, if the professional sports |
51 | franchise ceases playing at least 90 percent of its home games |
52 | in this state, including preseason, regular season, and |
53 | postseason games, unless the cessation is a result of a force |
54 | majeure event, the guarantor will pay the Department of Revenue, |
55 | commencing with the calendar year in which the professional |
56 | sports franchise ceases playing at least 90 percent of its home |
57 | games in this state and each calendar year thereafter, the |
58 | excess, if any, of: |
59 | 1. The amount distributed pursuant to s. 212.20(6)(d)7.c. |
60 | to the applicant under this section during the same calendar |
61 | year, and, if the same professional sports franchise also formed |
62 | the basis for an applicant's certification pursuant to s. |
63 | 288.1162, the amount distributed pursuant to s. 212.20(6)(d)7.b. |
64 | to the applicant under s. 288.1162 during the same calendar year |
65 | over |
66 | 2. The amount of state revenues generated by the taxes |
67 | imposed under chapter 212 with respect to the use and operation |
68 | of the certified facility during the same calendar year. |
69 |
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70 | Within 60 days after the professional sports franchise ceases |
71 | playing at least 90 percent of its home games in this state, the |
72 | guarantor shall provide the Department of Revenue with an |
73 | annuity contract issued by a person authorized to issue such |
74 | contracts in this state that will secure the guarantor's |
75 | obligation to pay the amount distributed pursuant to s. |
76 | 212.20(6)(d)7.c. to the applicant under this section during the |
77 | same calendar year and, if the same professional sports |
78 | franchise also formed the basis for an applicant's certification |
79 | pursuant to s. 288.1162, the amount distributed pursuant to s. |
80 | 212.20(6)(d)7.b. to the applicant under s. 288.1162 during the |
81 | same calendar year, as required in subparagraph 1. Within 60 |
82 | days after the end of each calendar year for which an annuity |
83 | contract is in force, the Department of Revenue shall reimburse |
84 | the guarantor an amount equal to the state revenues generated by |
85 | the taxes imposed under chapter 212 with respect to the use and |
86 | operation of the certified facility during the prior calendar |
87 | year, not to exceed the aggregate amount distributed to the |
88 | applicant under s. 212.20(6)(d)7.b. and c. during the same |
89 | calendar year. The guarantee of the applicant or current owner |
90 | of the professional sports franchise will be returned upon |
91 | substitution of the guarantee of any successor applicant or |
92 | owner of the professional sports franchise whose ownership has |
93 | been approved by the governing authority of the league in which |
94 | the professional sports franchise exists. |
95 | (g) Receive evidence that one or more of the following |
96 | have either previously contributed funds, or are contractually |
97 | committed to contribute funds during the next 30 years, for the |
98 | construction or improvement of the facility for a professional |
99 | sports franchise that in the aggregate equals or exceeds $60 |
100 | million: |
101 | 1. The municipality in which the facility for a |
102 | professional sports franchise is located. |
103 | 2. The county in which the facility for a professional |
104 | sports franchise is located. |
105 | 3. The applicant. |
106 | 4. The owner of the professional sports franchise that has |
107 | served as an applicant's basis for certification under this |
108 | section or its affiliates. |
109 | (h) Determine that a professional sports franchise forms |
110 | the basis for only one facility certified under this section for |
111 | funding pursuant to s. 212.20(6)(d)7.c. |
112 | (5) An applicant certified as a facility for a |
113 | professional sports franchise that is certified for funding |
114 | pursuant to s. 212.20(6)(d)7.c. may use funds provided pursuant |
115 | to that sub-subparagraph only for the public purpose of: |
116 | (a) Paying for the acquisition, construction, |
117 | reconstruction, renovation, capital improvement, or maintenance |
118 | of the facility for a professional sports franchise or any |
119 | ancillary facilities, such as parking structures; convention |
120 | facilities and meeting rooms; retail and concession space; |
121 | health, fitness, and training facilities; and youth and amateur |
122 | sports facilities, that support the operations of any such |
123 | facility; |
124 | (b) Paying or pledging for the payment of debt service on, |
125 | or funding debt service reserve funds, arbitrage rebate |
126 | obligations, or other amounts payable with respect to, bonds or |
127 | other indebtedness issued for the acquisition, construction, |
128 | reconstruction, renovation, or capital improvement of the |
129 | facility for a professional sports franchise or ancillary |
130 | facilities; or |
131 | (c) Reimbursing costs for the refinancing of bonds or |
132 | other indebtedness, including the payment of any interest and |
133 | prepayment premium or penalty thereon, issued for the |
134 | acquisition, construction, reconstruction, renovation, or |
135 | capital improvement of the facility for a professional sports |
136 | franchise or ancillary facilities. |
137 | (6) The Office of Tourism, Trade, and Economic Development |
138 | shall notify the Department of Revenue of any facility certified |
139 | as a facility for a professional sports franchise that is |
140 | eligible for funding pursuant to s. 212.20(6)(d)7.c. The Office |
141 | of Tourism, Trade, and Economic Development may not certify |
142 | under this section more than two facilities as facilities for a |