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 | 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. |