| 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 |
|
| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
|
| 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 | commencing with the calendar year in which the professional |
| 96 | sports franchise ceases playing at least 90 percent of its home |
| 97 | games in this state and each calendar year thereafter, the |
| 98 | excess, if any, of: |
| 99 | 1. The amount distributed pursuant to s. 212.20(6)(d)7.c. |
| 100 | to the applicant under this section during the same calendar |
| 101 | year, and, if the same professional sports franchise also formed |
| 102 | the basis for an applicant's certification pursuant to s. |
| 103 | 288.1162, the amount distributed pursuant to s. 212.20(6)(d)7.b. |
| 104 | to the applicant under s. 288.1162 during the same calendar year |
| 105 | over |
| 106 | 2. The amount of state revenues generated by the taxes |
| 107 | imposed under chapter 212 with respect to the use and operation |
| 108 | of the certified facility during the same calendar year. |
| 109 |
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| 110 | Within 60 days after the professional sports franchise ceases |
| 111 | playing at least 90 percent of its home games in this state, the |
| 112 | guarantor shall provide the Department of Revenue with an |
| 113 | annuity contract issued by a person authorized to issue such |
| 114 | contracts in this state that will secure the guarantor's |
| 115 | obligation to pay the amount distributed pursuant to s. |
| 116 | 212.20(6)(d)7.c. to the applicant under this section during the |
| 117 | same calendar year and, if the same professional sports |
| 118 | franchise also formed the basis for an applicant's certification |
| 119 | pursuant to s. 288.1162, the amount distributed pursuant to s. |
| 120 | 212.20(6)(d)7.b. to the applicant under s. 288.1162 during the |
| 121 | same calendar year, as required in subparagraph 1. Within 60 |
| 122 | days after the end of each calendar year for which an annuity |
| 123 | contract is in force, the Department of Revenue shall reimburse |
| 124 | the guarantor an amount equal to the state revenues generated by |
| 125 | the taxes imposed under chapter 212 with respect to the use and |
| 126 | operation of the certified facility during the prior calendar |
| 127 | year, not to exceed the aggregate amount distributed to the |
| 128 | applicant under s. 212.20(6)(d)7.b. and c. during the same |
| 129 | calendar year. The guarantee of the applicant or current owner |
| 130 | of the professional sports franchise will be returned upon |
| 131 | substitution of the guarantee of any successor applicant or |
| 132 | owner of the professional sports franchise whose ownership has |
| 133 | been approved by the governing authority of the league in which |
| 134 | the professional sports franchise exists. |
| 135 | (g) Receive evidence that one or more of the following |
| 136 | have either previously contributed funds, or are contractually |
| 137 | committed to contribute funds during the next 30 years, for the |
| 138 | construction or improvement of the facility for a professional |
| 139 | sports franchise that in the aggregate equals or exceeds $60 |
| 140 | million: |
| 141 | 1. The municipality in which the facility for a |
| 142 | professional sports franchise is located. |
| 143 | 2. The county in which the facility for a professional |
| 144 | sports franchise is located. |
| 145 | 3. The applicant. |
| 146 | 4. The owner of the professional sports franchise that has |
| 147 | served as an applicant's basis for certification under this |
| 148 | section or its affiliates. |
| 149 | (h) Determine that a professional sports franchise forms |
| 150 | the basis for only one facility certified under this section for |
| 151 | funding pursuant to s. 212.20(6)(d)7.c. |
| 152 | (5) An applicant certified as a facility for a |
| 153 | professional sports franchise that is certified for funding |
| 154 | pursuant to s. 212.20(6)(d)7.c. may use funds provided pursuant |
| 155 | to that sub-subparagraph only for the public purpose of: |
| 156 | (a) Paying for the acquisition, construction, |
| 157 | reconstruction, renovation, capital improvement, or maintenance |
| 158 | of the facility for a professional sports franchise or any |
| 159 | ancillary facilities, such as parking structures; convention |
| 160 | facilities and meeting rooms; retail and concession space; |
| 161 | health, fitness, and training facilities; and youth and amateur |
| 162 | sports facilities, that support the operations of any such |
| 163 | facility; |
| 164 | (b) Paying or pledging for the payment of debt service on, |
| 165 | or funding debt service reserve funds, arbitrage rebate |
| 166 | obligations, or other amounts payable with respect to, bonds or |
| 167 | other indebtedness issued for the acquisition, construction, |
| 168 | reconstruction, renovation, or capital improvement of the |
| 169 | facility for a professional sports franchise or ancillary |
| 170 | facilities; or |
| 171 | (c) Reimbursing costs for the refinancing of bonds or |
| 172 | other indebtedness, including the payment of any interest and |
| 173 | prepayment premium or penalty thereon, issued for the |
| 174 | acquisition, construction, reconstruction, renovation, or |
| 175 | capital improvement of the facility for a professional sports |
| 176 | franchise or ancillary facilities. |
| 177 | (6) The Office of Tourism, Trade, and Economic Development |
| 178 | shall notify the Department of Revenue of any facility certified |
| 179 | as a facility for a professional sports franchise that is |
| 180 | eligible for funding pursuant to s. 212.20(6)(d)7.c. The Office |
| 181 | of Tourism, Trade, and Economic Development may not certify |
| 182 | under this section more than nine facilities as facilities for a |
| 183 | professional sports franchise that are eligible for funding |
| 184 | pursuant to s. 212.20(6)(d)7.c. |
| 185 | (7) The Department of Revenue may conduct audits as |
| 186 | provided in s. 213.34 to verify that the distributions made |
| 187 | under this section have been expended as required in this |
| 188 | section. Such information is subject to the confidentiality |
| 189 | requirements of chapter 213. If the Department of Revenue |
| 190 | determines that the distributions made under this section have |
| 191 | not been expended as required by this section, it may pursue |
| 192 | recovery of the funds under the laws and rules governing the |
| 193 | assessment of taxes. |
| 194 | Section 2. Paragraph (d) of subsection (6) of section |
| 195 | 212.20, Florida Statutes, is amended to read: |
| 196 | 212.20 Funds collected, disposition; additional powers of |
| 197 | department; operational expense; refund of taxes adjudicated |
| 198 | unconstitutionally collected.-- |
| 199 | (6) Distribution of all proceeds under this chapter and s. |
| 200 | 202.18(1)(b) and (2)(b) shall be as follows: |
| 201 | (d) The proceeds of all other taxes and fees imposed |
| 202 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
| 203 | and (2)(b) shall be distributed as follows: |
| 204 | 1. In any fiscal year, the greater of $500 million, minus |
| 205 | an amount equal to 4.6 percent of the proceeds of the taxes |
| 206 | collected pursuant to chapter 201, or 5 percent of all other |
| 207 | taxes and fees imposed pursuant to this chapter or remitted |
| 208 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
| 209 | monthly installments into the General Revenue Fund. |
| 210 | 2. Two-tenths of one percent shall be transferred to the |
| 211 | Ecosystem Management and Restoration Trust Fund to be used for |
| 212 | water quality improvement and water restoration projects. |
| 213 | 3. After the distribution under subparagraphs 1. and 2., |
| 214 | 8.814 percent of the amount remitted by a sales tax dealer |
| 215 | located within a participating county pursuant to s. 218.61 |
| 216 | shall be transferred into the Local Government Half-cent Sales |
| 217 | Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to |
| 218 | be transferred pursuant to this subparagraph to the Local |
| 219 | Government Half-cent Sales Tax Clearing Trust Fund shall be |
| 220 | reduced by 0.1 percent, and the department shall distribute this |
| 221 | amount to the Public Employees Relations Commission Trust Fund |
| 222 | less $5,000 each month, which shall be added to the amount |
| 223 | calculated in subparagraph 4. and distributed accordingly. |
| 224 | 4. After the distribution under subparagraphs 1., 2., and |
| 225 | 3., 0.095 percent shall be transferred to the Local Government |
| 226 | Half-cent Sales Tax Clearing Trust Fund and distributed pursuant |
| 227 | to s. 218.65. |
| 228 | 5. After the distributions under subparagraphs 1., 2., 3., |
| 229 | and 4., 2.0440 percent of the available proceeds pursuant to |
| 230 | this paragraph shall be transferred monthly to the Revenue |
| 231 | Sharing Trust Fund for Counties pursuant to s. 218.215. |
| 232 | 6. After the distributions under subparagraphs 1., 2., 3., |
| 233 | and 4., 1.3409 percent of the available proceeds pursuant to |
| 234 | this paragraph shall be transferred monthly to the Revenue |
| 235 | Sharing Trust Fund for Municipalities pursuant to s. 218.215. If |
| 236 | the total revenue to be distributed pursuant to this |
| 237 | subparagraph is at least as great as the amount due from the |
| 238 | Revenue Sharing Trust Fund for Municipalities and the former |
| 239 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 240 | 1999-2000, no municipality shall receive less than the amount |
| 241 | due from the Revenue Sharing Trust Fund for Municipalities and |
| 242 | the former Municipal Financial Assistance Trust Fund in state |
| 243 | fiscal year 1999-2000. If the total proceeds to be distributed |
| 244 | are less than the amount received in combination from the |
| 245 | Revenue Sharing Trust Fund for Municipalities and the former |
| 246 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 247 | 1999-2000, each municipality shall receive an amount |
| 248 | proportionate to the amount it was due in state fiscal year |
| 249 | 1999-2000. |
| 250 | 7. Of the remaining proceeds: |
| 251 | a. In each fiscal year, the sum of $29,915,500 shall be |
| 252 | divided into as many equal parts as there are counties in the |
| 253 | state, and one part shall be distributed to each county. The |
| 254 | distribution among the several counties shall begin each fiscal |
| 255 | year on or before January 5th and shall continue monthly for a |
| 256 | total of 4 months. If a local or special law required that any |
| 257 | moneys accruing to a county in fiscal year 1999-2000 under the |
| 258 | then-existing provisions of s. 550.135 be paid directly to the |
| 259 | district school board, special district, or a municipal |
| 260 | government, such payment shall continue until such time that the |
| 261 | local or special law is amended or repealed. The state covenants |
| 262 | with holders of bonds or other instruments of indebtedness |
| 263 | issued by local governments, special districts, or district |
| 264 | school boards prior to July 1, 2000, that it is not the intent |
| 265 | of this subparagraph to adversely affect the rights of those |
| 266 | holders or relieve local governments, special districts, or |
| 267 | district school boards of the duty to meet their obligations as |
| 268 | a result of previous pledges or assignments or trusts entered |
| 269 | into which obligated funds received from the distribution to |
| 270 | county governments under then-existing s. 550.135. This |
| 271 | distribution specifically is in lieu of funds distributed under |
| 272 | s. 550.135 prior to July 1, 2000. |
| 273 | b. The department shall distribute $166,667 monthly |
| 274 | pursuant to s. 288.1162 to each applicant that has been |
| 275 | certified as a "facility for a new professional sports |
| 276 | franchise" or a "facility for a retained professional sports |
| 277 | franchise" pursuant to s. 288.1162. Up to $41,667 shall be |
| 278 | distributed monthly by the department to each applicant that has |
| 279 | been certified as a "facility for a retained spring training |
| 280 | franchise" pursuant to s. 288.1162; however, not more than |
| 281 | $416,670 may be distributed monthly in the aggregate to all |
| 282 | certified facilities for a retained spring training franchise. |
| 283 | Distributions shall begin 60 days following such certification |
| 284 | and shall continue for not more than 30 years. Nothing contained |
| 285 | in this paragraph shall be construed to allow an applicant |
| 286 | certified pursuant to s. 288.1162 to receive more in |
| 287 | distributions than actually expended by the applicant for the |
| 288 | public purposes provided for in s. 288.1162(6). |
| 289 | c. The department shall distribute $166,667 monthly |
| 290 | pursuant to s. 288.11635 to each applicant that has been |
| 291 | certified as a "facility for a professional sports franchise" |
| 292 | pursuant to s. 288.11635. Distributions must begin 60 days after |
| 293 | such certification and must continue for not more than 30 years. |
| 294 | This paragraph does not allow an applicant certified pursuant to |
| 295 | s. 288.11635 to receive more in distributions than the applicant |
| 296 | actually expended for the public purposes provided for in s. |
| 297 | 288.11635(5). |
| 298 | d.c. Beginning 30 days after notice by the Office of |
| 299 | Tourism, Trade, and Economic Development to the Department of |
| 300 | Revenue that an applicant has been certified as the professional |
| 301 | golf hall of fame pursuant to s. 288.1168 and is open to the |
| 302 | public, $166,667 shall be distributed monthly, for up to 300 |
| 303 | months, to the applicant. |
| 304 | e.d. Beginning 30 days after notice by the Office of |
| 305 | Tourism, Trade, and Economic Development to the Department of |
| 306 | Revenue that the applicant has been certified as the |
| 307 | International Game Fish Association World Center facility |
| 308 | pursuant to s. 288.1169, and the facility is open to the public, |
| 309 | $83,333 shall be distributed monthly, for up to 168 months, to |
| 310 | the applicant. This distribution is subject to reduction |
| 311 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall be |
| 312 | made, after certification and before July 1, 2000. |
| 313 | 8. All other proceeds shall remain with the General |
| 314 | Revenue Fund. |
| 315 | Section 3. Subsection (6) of section 288.1169, Florida |
| 316 | Statutes, is amended to read: |
| 317 | 288.1169 International Game Fish Association World Center |
| 318 | facility.-- |
| 319 | (6) The Department of Commerce must recertify every 10 |
| 320 | years that the facility is open, that the International Game |
| 321 | Fish Association World Center continues to be the only |
| 322 | international administrative headquarters, fishing museum, and |
| 323 | Hall of Fame in the United States recognized by the |
| 324 | International Game Fish Association, and that the project is |
| 325 | meeting the minimum projections for attendance or sales tax |
| 326 | revenues as required at the time of original certification. If |
| 327 | the facility is not recertified during this 10-year review as |
| 328 | meeting the minimum projections, then funding will be abated |
| 329 | until certification criteria are met. If the project fails to |
| 330 | generate $1 million of annual revenues pursuant to paragraph |
| 331 | (2)(e), the distribution of revenues pursuant to s. |
| 332 | 212.20(6)(d)7.e.d. shall be reduced to an amount equal to |
| 333 | $83,333 multiplied by a fraction, the numerator of which is the |
| 334 | actual revenues generated and the denominator of which is $1 |
| 335 | million. Such reduction shall remain in effect until revenues |
| 336 | generated by the project in a 12-month period equal or exceed $1 |
| 337 | million. |
| 338 | Section 4. This act shall take effect upon becoming a law. |