1 | A bill to be entitled |
2 | An act relating to professional sports franchise |
3 | facilities; creating s. 288.11635, F.S.; requiring the |
4 | Office of Tourism, Trade, and Economic Development to |
5 | serve as the state agency for screening applicants for |
6 | certain state funding and for certifying applicants as |
7 | facilities for professional sports franchises eligible for |
8 | such funding; defining terms; requiring rulemaking; |
9 | providing prerequisites to certification; prohibiting a |
10 | facility from receiving more than one certification for |
11 | any professional sports franchise; restricting the use of |
12 | funds; requiring notice of and providing a limitation on |
13 | certifications; authorizing the Department of Revenue to |
14 | conduct audits in order to verify that funds have been |
15 | expended as required and to pursue recovery of |
16 | inappropriately expended funds; amending s. 212.20, F.S.; |
17 | providing for the distribution of a portion of revenues |
18 | from the tax on sales, use, and other transactions to |
19 | applicants certified as facilities for professional sports |
20 | franchises under s. 288.11635, F.S.; amending s. 288.1169, |
21 | F.S.; conforming a cross-reference; providing an effective |
22 | date. |
23 |
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24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
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26 | Section 1. Section 288.11635, Florida Statutes, is created |
27 | to read: |
28 | 288.11635 Professional sports franchise guarantees.-- |
29 | (1) The Office of Tourism, Trade, and Economic Development |
30 | shall serve as the state agency for screening applicants for |
31 | state funding pursuant to s. 212.20(6)(d)7.c. and for certifying |
32 | an applicant as a "facility for a professional sports franchise" |
33 | that is eligible for funding pursuant to s. 212.20(6)(d)7.c. |
34 | (2) As used in this section, the term: |
35 | (a) "Force majeure event" means a flood, fire, or other |
36 | casualty, a war, a revolution, civil commotion, an act of a |
37 | public enemy, an embargo, an act of government in its sovereign |
38 | capacity, or a labor difficulty, including, without limitation, |
39 | a strike, a lockout, or any circumstance beyond the reasonable |
40 | control of the professional sports franchise affected. |
41 | (b) "League" has the same meaning as provided in s. |
42 | 288.1162. |
43 | (c) "Professional sports franchise" means a franchise in |
44 | the National League or the American League of Major League |
45 | Baseball, the National Basketball Association, the National |
46 | Football League, or the National Hockey League. |
47 | (d) "Unit of local government" has the same meaning as |
48 | provided in s. 218.369. |
49 | (3) The Office of Tourism, Trade, and Economic Development |
50 | shall develop rules for the receipt and processing of |
51 | applications for funding pursuant to s. 212.20(6)(d)7.c. |
52 | (4) Before certifying an applicant as a "facility for a |
53 | professional sports franchise" eligible for funding pursuant to |
54 | s. 212.20(6)(d)7.c., the Office of Tourism, Trade, and Economic |
55 | Development must: |
56 | (a) Determine that a unit of local government is |
57 | responsible for the construction, maintenance, or operation of |
58 | the professional sports franchise facility or holds title to or |
59 | a leasehold interest in the property on which the professional |
60 | sports franchise facility is located and the applicant is or |
61 | will be the owner, tenant, or operator of the professional |
62 | sports franchise facility. |
63 | (b) Determine that the applicant has a verified copy of |
64 | the approval from the governing authority of the league in which |
65 | the professional sports franchise exists or verified evidence |
66 | that it has had a league-authorized location in this state on or |
67 | before July 1, 2007. |
68 | (c) Determine that the applicant has projections, verified |
69 | by the Office of Tourism, Trade, and Economic Development, that |
70 | demonstrate that the professional sports franchise will attract |
71 | a paid attendance of more than 300,000 annually. |
72 | (d) Determine that the applicant has an independent |
73 | analysis or study, verified by the Office of Tourism, Trade, and |
74 | Economic Development, that demonstrates that the amount of the |
75 | revenues generated by the taxes imposed under chapter 212 with |
76 | respect to the use and operation of the professional sports |
77 | franchise facility will equal or exceed $4 million annually, |
78 | except that if the professional sports franchise that has served |
79 | as an applicant's basis for certification under this section did |
80 | not serve as an applicant's basis for certification under s. |
81 | 288.1162, then $2 million annually. |
82 | (e) Determine that the municipality or county in which the |
83 | facility for a professional sports franchise is located has |
84 | certified by resolution after a public hearing that the |
85 | application serves a public purpose. |
86 | (f) Receive a signed agreement for the benefit of and |
87 | enforceable by the Department of Revenue from the applicant or |
88 | the current owner of the professional sports franchise that |
89 | formed the basis for the applicant's certification pursuant to |
90 | this section that guarantees that, if the professional sports |
91 | franchise ceases playing at least 90 percent of its home games |
92 | in this state, including preseason, regular season, and |
93 | postseason games, unless the cessation is a result of a force |
94 | majeure event, the guarantor will pay the Department of Revenue |
95 | each year thereafter the excess, if any, of: |
96 | 1. The amount distributed pursuant to s. 212.20(6)(d)7.c. |
97 | to the applicant under this section during such year, and, if |
98 | the same professional sports franchise also formed the basis for |
99 | an applicant's certification pursuant to s. 288.1162, the amount |
100 | distributed pursuant to s. 212.20(6)(d)7.b. to the applicant |
101 | under s. 288.1162 during such year over |
102 | 2. The amount of the revenues generated by the taxes |
103 | imposed under chapter 212 with respect to the use and operation |
104 | of the certified facility during such year. |
105 |
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106 | Within 60 days after the professional sports franchise ceases |
107 | playing at least 90 percent of its home games in the state, the |
108 | guarantor shall provide the Department of Revenue with an |
109 | annuity contract issued by a person authorized to issue such |
110 | contracts in this state that will secure the guarantor's |
111 | obligation to make the payments as required by this paragraph. |
112 | The guarantee of the applicant or current owner of the |
113 | professional sports franchise will be returned upon substitution |
114 | of the guarantee of any successor applicant or owner of the |
115 | professional sports franchise whose ownership has been approved |
116 | by the governing authority of the league in which the |
117 | professional sports franchise exists. |
118 | (g) Receive evidence that one or more of the following |
119 | have either previously contributed funds, or are contractually |
120 | committed to contribute funds during the next 30 years, for the |
121 | construction or improvement of the facility for a professional |
122 | sports franchise that in the aggregate equals or exceeds $60 |
123 | million: |
124 | 1. The municipality in which the facility for a |
125 | professional sports franchise is located. |
126 | 2. The county in which the facility for a professional |
127 | sports franchise is located. |
128 | 3. The applicant. |
129 | 4. The owner of the professional sports franchise that has |
130 | served as an applicant's basis for certification under this |
131 | section or its affiliates. |
132 | (h) Determine that a professional sports franchise forms |
133 | the basis for only one facility certified under this section for |
134 | funding pursuant to s. 212.20(6)(d)7.c. |
135 | (5) An applicant certified as a facility for a |
136 | professional sports franchise that is certified for funding |
137 | pursuant to s. 212.20(6)(d)7.c. may use funds provided pursuant |
138 | to that sub-subparagraph only for the public purpose of: |
139 | (a) Paying for the acquisition, construction, |
140 | reconstruction, renovation, capital improvement, or maintenance |
141 | of the facility for a professional sports franchise or any |
142 | ancillary facilities, such as parking structures; convention |
143 | facilities and meeting rooms; retail and concession space; |
144 | health, fitness, and training facilities; and youth and amateur |
145 | sports facilities, that support the operations of any such |
146 | facility; |
147 | (b) Paying or pledging for the payment of debt service on, |
148 | or funding debt service reserve funds, arbitrage rebate |
149 | obligations, or other amounts payable with respect to, bonds or |
150 | other indebtedness issued for the acquisition, construction, |
151 | reconstruction, renovation, or capital improvement of the |
152 | facility for a professional sports franchise or ancillary |
153 | facilities; or |
154 | (c) Reimbursing costs for the refinancing of bonds or |
155 | other indebtedness, including the payment of any interest and |
156 | prepayment premium or penalty thereon, issued for the |
157 | acquisition, construction, reconstruction, renovation, or |
158 | capital improvement of the facility for a professional sports |
159 | franchise or ancillary facilities. |
160 | (6) The Office of Tourism, Trade, and Economic Development |
161 | shall notify the Department of Revenue of any facility certified |
162 | as a facility for a professional sports franchise that is |
163 | eligible for funding pursuant to s. 212.20(6)(d)7.c. The Office |
164 | of Tourism, Trade, and Economic Development may not certify |
165 | under this section more than nine facilities as facilities for a |
166 | professional sports franchise that are eligible for funding |
167 | pursuant to s. 212.20(6)(d)7.c. |
168 | (7) The Department of Revenue may conduct audits as |
169 | provided in s. 213.34 to verify that the distributions made |
170 | under this section have been expended as required in this |
171 | section. Such information is subject to the confidentiality |
172 | requirements of chapter 213. If the Department of Revenue |
173 | determines that the distributions made under this section have |
174 | not been expended as required by this section, it may pursue |
175 | recovery of the funds under the laws and rules governing the |
176 | assessment of taxes. |
177 | Section 2. Paragraph (d) of subsection (6) of section |
178 | 212.20, Florida Statutes, is amended to read: |
179 | 212.20 Funds collected, disposition; additional powers of |
180 | department; operational expense; refund of taxes adjudicated |
181 | unconstitutionally collected.-- |
182 | (6) Distribution of all proceeds under this chapter and s. |
183 | 202.18(1)(b) and (2)(b) shall be as follows: |
184 | (d) The proceeds of all other taxes and fees imposed |
185 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
186 | and (2)(b) shall be distributed as follows: |
187 | 1. In any fiscal year, the greater of $500 million, minus |
188 | an amount equal to 4.6 percent of the proceeds of the taxes |
189 | collected pursuant to chapter 201, or 5 percent of all other |
190 | taxes and fees imposed pursuant to this chapter or remitted |
191 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
192 | monthly installments into the General Revenue Fund. |
193 | 2. Two-tenths of one percent shall be transferred to the |
194 | Ecosystem Management and Restoration Trust Fund to be used for |
195 | water quality improvement and water restoration projects. |
196 | 3. After the distribution under subparagraphs 1. and 2., |
197 | 8.814 percent of the amount remitted by a sales tax dealer |
198 | located within a participating county pursuant to s. 218.61 |
199 | shall be transferred into the Local Government Half-cent Sales |
200 | Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to |
201 | be transferred pursuant to this subparagraph to the Local |
202 | Government Half-cent Sales Tax Clearing Trust Fund shall be |
203 | reduced by 0.1 percent, and the department shall distribute this |
204 | amount to the Public Employees Relations Commission Trust Fund |
205 | less $5,000 each month, which shall be added to the amount |
206 | calculated in subparagraph 4. and distributed accordingly. |
207 | 4. After the distribution under subparagraphs 1., 2., and |
208 | 3., 0.095 percent shall be transferred to the Local Government |
209 | Half-cent Sales Tax Clearing Trust Fund and distributed pursuant |
210 | to s. 218.65. |
211 | 5. After the distributions under subparagraphs 1., 2., 3., |
212 | and 4., 2.0440 percent of the available proceeds pursuant to |
213 | this paragraph shall be transferred monthly to the Revenue |
214 | Sharing Trust Fund for Counties pursuant to s. 218.215. |
215 | 6. After the distributions under subparagraphs 1., 2., 3., |
216 | and 4., 1.3409 percent of the available proceeds pursuant to |
217 | this paragraph shall be transferred monthly to the Revenue |
218 | Sharing Trust Fund for Municipalities pursuant to s. 218.215. If |
219 | the total revenue to be distributed pursuant to this |
220 | subparagraph is at least as great as the amount due from the |
221 | Revenue Sharing Trust Fund for Municipalities and the former |
222 | Municipal Financial Assistance Trust Fund in state fiscal year |
223 | 1999-2000, no municipality shall receive less than the amount |
224 | due from the Revenue Sharing Trust Fund for Municipalities and |
225 | the former Municipal Financial Assistance Trust Fund in state |
226 | fiscal year 1999-2000. If the total proceeds to be distributed |
227 | are less than the amount received in combination from the |
228 | Revenue Sharing Trust Fund for Municipalities and the former |
229 | Municipal Financial Assistance Trust Fund in state fiscal year |
230 | 1999-2000, each municipality shall receive an amount |
231 | proportionate to the amount it was due in state fiscal year |
232 | 1999-2000. |
233 | 7. Of the remaining proceeds: |
234 | a. In each fiscal year, the sum of $29,915,500 shall be |
235 | divided into as many equal parts as there are counties in the |
236 | state, and one part shall be distributed to each county. The |
237 | distribution among the several counties shall begin each fiscal |
238 | year on or before January 5th and shall continue monthly for a |
239 | total of 4 months. If a local or special law required that any |
240 | moneys accruing to a county in fiscal year 1999-2000 under the |
241 | then-existing provisions of s. 550.135 be paid directly to the |
242 | district school board, special district, or a municipal |
243 | government, such payment shall continue until such time that the |
244 | local or special law is amended or repealed. The state covenants |
245 | with holders of bonds or other instruments of indebtedness |
246 | issued by local governments, special districts, or district |
247 | school boards prior to July 1, 2000, that it is not the intent |
248 | of this subparagraph to adversely affect the rights of those |
249 | holders or relieve local governments, special districts, or |
250 | district school boards of the duty to meet their obligations as |
251 | a result of previous pledges or assignments or trusts entered |
252 | into which obligated funds received from the distribution to |
253 | county governments under then-existing s. 550.135. This |
254 | distribution specifically is in lieu of funds distributed under |
255 | s. 550.135 prior to July 1, 2000. |
256 | b. The department shall distribute $166,667 monthly |
257 | pursuant to s. 288.1162 to each applicant that has been |
258 | certified as a "facility for a new professional sports |
259 | franchise" or a "facility for a retained professional sports |
260 | franchise" pursuant to s. 288.1162. Up to $41,667 shall be |
261 | distributed monthly by the department to each applicant that has |
262 | been certified as a "facility for a retained spring training |
263 | franchise" pursuant to s. 288.1162; however, not more than |
264 | $416,670 may be distributed monthly in the aggregate to all |
265 | certified facilities for a retained spring training franchise. |
266 | Distributions shall begin 60 days following such certification |
267 | and shall continue for not more than 30 years. Nothing contained |
268 | in this paragraph shall be construed to allow an applicant |
269 | certified pursuant to s. 288.1162 to receive more in |
270 | distributions than actually expended by the applicant for the |
271 | public purposes provided for in s. 288.1162(6). |
272 | c. The department shall distribute $166,667 monthly |
273 | pursuant to s. 288.11635 to each applicant that has been |
274 | certified as a "facility for a professional sports franchise" |
275 | pursuant to s. 288.11635. Distributions must begin 60 days after |
276 | such certification and must continue for not more than 30 years. |
277 | This paragraph does not allow an applicant certified pursuant to |
278 | s. 288.11635 to receive more in distributions than the applicant |
279 | actually expended for the public purposes provided for in s. |
280 | 288.11635(5). |
281 | d.c. Beginning 30 days after notice by the Office of |
282 | Tourism, Trade, and Economic Development to the Department of |
283 | Revenue that an applicant has been certified as the professional |
284 | golf hall of fame pursuant to s. 288.1168 and is open to the |
285 | public, $166,667 shall be distributed monthly, for up to 300 |
286 | months, to the applicant. |
287 | e.d. Beginning 30 days after notice by the Office of |
288 | Tourism, Trade, and Economic Development to the Department of |
289 | Revenue that the applicant has been certified as the |
290 | International Game Fish Association World Center facility |
291 | pursuant to s. 288.1169, and the facility is open to the public, |
292 | $83,333 shall be distributed monthly, for up to 168 months, to |
293 | the applicant. This distribution is subject to reduction |
294 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall be |
295 | made, after certification and before July 1, 2000. |
296 | 8. All other proceeds shall remain with the General |
297 | Revenue Fund. |
298 | Section 3. Subsection (6) of section 288.1169, Florida |
299 | Statutes, is amended to read: |
300 | 288.1169 International Game Fish Association World Center |
301 | facility.-- |
302 | (6) The Department of Commerce must recertify every 10 |
303 | years that the facility is open, that the International Game |
304 | Fish Association World Center continues to be the only |
305 | international administrative headquarters, fishing museum, and |
306 | Hall of Fame in the United States recognized by the |
307 | International Game Fish Association, and that the project is |
308 | meeting the minimum projections for attendance or sales tax |
309 | revenues as required at the time of original certification. If |
310 | the facility is not recertified during this 10-year review as |
311 | meeting the minimum projections, then funding will be abated |
312 | until certification criteria are met. If the project fails to |
313 | generate $1 million of annual revenues pursuant to paragraph |
314 | (2)(e), the distribution of revenues pursuant to s. |
315 | 212.20(6)(d)7.e.d. shall be reduced to an amount equal to |
316 | $83,333 multiplied by a fraction, the numerator of which is the |
317 | actual revenues generated and the denominator of which is $1 |
318 | million. Such reduction shall remain in effect until revenues |
319 | generated by the project in a 12-month period equal or exceed $1 |
320 | million. |
321 | Section 4. This act shall take effect upon becoming a law. |