Amendment
Bill No. 1079
Amendment No. 909691
CHAMBER ACTION
Senate House
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1Representative Traviesa offered the following:
2
3     Amendment
4     Remove lines 43-182 and insert:
5
6     (c)  "Professional sports franchise" means a franchise in
7the National Basketball Association that began playing games
8before January 1, 1990, but not before January 1, 1989, or a
9franchise in the National Hockey League that began playing games
10before January 1, 1993.
11     (d)  "Unit of local government" has the same meaning as
12provided in s. 218.369.
13     (3)  The Office of Tourism, Trade, and Economic Development
14shall develop rules for the receipt and processing of
15applications for funding pursuant to s. 212.20(6)(d)7.c.
16     (4)  Before certifying an applicant as a "facility for a
17professional sports franchise" eligible for funding pursuant to
18s. 212.20(6)(d)7.c., the Office of Tourism, Trade, and Economic
19Development must:
20     (a)  Determine that a unit of local government is
21responsible for the construction, maintenance, or operation of
22the professional sports franchise facility or holds title to or
23a leasehold interest in the property on which the professional
24sports franchise facility is located and the applicant is or
25will be the owner, tenant, or operator of the professional
26sports franchise facility.
27     (b)  Determine that the applicant has a verified copy of
28the approval from the governing authority of the league in which
29the professional sports franchise exists or verified evidence
30that it has had a league-authorized location in this state on or
31before July 1, 2007.
32     (c)  Determine that the applicant has projections, verified
33by the Office of Tourism, Trade, and Economic Development, that
34demonstrate that the professional sports franchise will attract
35a paid attendance of more than 300,000 annually.
36     (d)  Determine that the applicant has an independent
37analysis or study, verified by the Office of Tourism, Trade, and
38Economic Development, that demonstrates that the amount of the
39revenues generated by the taxes imposed under chapter 212 with
40respect to the use and operation of the professional sports
41franchise facility will equal or exceed $4 million annually.
42     (e)  Determine that the municipality or county in which the
43facility for a professional sports franchise is located has
44certified by resolution after a public hearing that the
45application serves a public purpose.
46     (f)  Receive a signed agreement for the benefit of and
47enforceable by the Department of Revenue from the applicant or
48the current owner of the professional sports franchise that
49formed the basis for the applicant's certification pursuant to
50this section that guarantees that, if the professional sports
51franchise ceases playing at least 90 percent of its home games
52in this state, including preseason, regular season, and
53postseason games, unless the cessation is a result of a force
54majeure event, the guarantor will pay the Department of Revenue,
55commencing with the calendar year in which the professional
56sports franchise ceases playing at least 90 percent of its home
57games in this state and each calendar year thereafter, the
58excess, if any, of:
59     1.  The amount distributed pursuant to s. 212.20(6)(d)7.c.
60to the applicant under this section during the same calendar
61year, and, if the same professional sports franchise also formed
62the basis for an applicant's certification pursuant to s.
63288.1162, the amount distributed pursuant to s. 212.20(6)(d)7.b.
64to the applicant under s. 288.1162 during the same calendar year
65over
66     2.  The amount of state revenues generated by the taxes
67imposed under chapter 212 with respect to the use and operation
68of the certified facility during the same calendar year.
69
70Within 60 days after the professional sports franchise ceases
71playing at least 90 percent of its home games in this state, the
72guarantor shall provide the Department of Revenue with an
73annuity contract issued by a person authorized to issue such
74contracts in this state that will secure the guarantor's
75obligation to pay the amount distributed pursuant to s.
76212.20(6)(d)7.c. to the applicant under this section during the
77same calendar year and, if the same professional sports
78franchise also formed the basis for an applicant's certification
79pursuant to s. 288.1162, the amount distributed pursuant to s.
80212.20(6)(d)7.b. to the applicant under s. 288.1162 during the
81same calendar year, as required in subparagraph 1. Within 60
82days after the end of each calendar year for which an annuity
83contract is in force, the Department of Revenue shall reimburse
84the guarantor an amount equal to the state revenues generated by
85the taxes imposed under chapter 212 with respect to the use and
86operation of the certified facility during the prior calendar
87year, not to exceed the aggregate amount distributed to the
88applicant under s. 212.20(6)(d)7.b. and c. during the same
89calendar year. The guarantee of the applicant or current owner
90of the professional sports franchise will be returned upon
91substitution of the guarantee of any successor applicant or
92owner of the professional sports franchise whose ownership has
93been approved by the governing authority of the league in which
94the professional sports franchise exists.
95     (g)  Receive evidence that one or more of the following
96have either previously contributed funds, or are contractually
97committed to contribute funds during the next 30 years, for the
98construction or improvement of the facility for a professional
99sports franchise that in the aggregate equals or exceeds $60
100million:
101     1.  The municipality in which the facility for a
102professional sports franchise is located.
103     2.  The county in which the facility for a professional
104sports franchise is located.
105     3.  The applicant.
106     4.  The owner of the professional sports franchise that has
107served as an applicant's basis for certification under this
108section or its affiliates.
109     (h)  Determine that a professional sports franchise forms
110the basis for only one facility certified under this section for
111funding pursuant to s. 212.20(6)(d)7.c.
112     (5)  An applicant certified as a facility for a
113professional sports franchise that is certified for funding
114pursuant to s. 212.20(6)(d)7.c. may use funds provided pursuant
115to that sub-subparagraph only for the public purpose of:
116     (a)  Paying for the acquisition, construction,
117reconstruction, renovation, capital improvement, or maintenance
118of the facility for a professional sports franchise or any
119ancillary facilities, such as parking structures; convention
120facilities and meeting rooms; retail and concession space;
121health, fitness, and training facilities; and youth and amateur
122sports facilities, that support the operations of any such
123facility;
124     (b)  Paying or pledging for the payment of debt service on,
125or funding debt service reserve funds, arbitrage rebate
126obligations, or other amounts payable with respect to, bonds or
127other indebtedness issued for the acquisition, construction,
128reconstruction, renovation, or capital improvement of the
129facility for a professional sports franchise or ancillary
130facilities; or
131     (c)  Reimbursing costs for the refinancing of bonds or
132other indebtedness, including the payment of any interest and
133prepayment premium or penalty thereon, issued for the
134acquisition, construction, reconstruction, renovation, or
135capital improvement of the facility for a professional sports
136franchise or ancillary facilities.
137     (6)  The Office of Tourism, Trade, and Economic Development
138shall notify the Department of Revenue of any facility certified
139as a facility for a professional sports franchise that is
140eligible for funding pursuant to s. 212.20(6)(d)7.c. The Office
141of Tourism, Trade, and Economic Development may not certify
142under this section more than two facilities as facilities for a


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