Florida Senate - 2008 SB 1412
By Senator Bennett
21-03300-08 20081412__
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A bill to be entitled
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An act relating to the use of public moneys and property;
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providing definitions; prohibiting the use of public funds
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for certain purposes benefiting a professional sports
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team; providing exceptions; amending s. 196.199, F.S.;
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providing for the ad valorem taxation of property owned by
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a governmental entity if the property is used by a private
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entity for a nonexempt purpose; providing effective dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. (1) As used in this section, the term:
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(a) "Governmental entity" means the state, a county, a
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municipality, or an entity created by and acting on behalf of the
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state, a county, or a municipality.
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(b) "Professional sports team" means a professional sports
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franchise that exists within the National League or the American
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League of Major League Baseball, the National Basketball
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Association, the National Football League, or the National Hockey
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League.
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(c) "Public funds" means any moneys held by a governmental
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entity.
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(2) Notwithstanding any other law and except as provided in
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subsection (3), a governmental entity may not spend public funds
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in aid of a professional sports team, to pay for a facility used
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or intended to be used for such a team, or for a sporting event
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of such a team unless the expenditure has been approved by a
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majority vote of the registered electors residing within the
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jurisdictional boundaries of the governmental entity.
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(3) This section does not prohibit the expenditure of funds
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to meet a legally binding obligation of a governmental entity
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which was created before July 1, 2008, or to compensate an
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employee of a governmental entity for an activity that is within
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the scope of his or her employment which assists a professional
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sports team in an incidental manner, such as advising a
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professional sports team of applicable regulatory requirements.
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Section 2. Effective January 1, 2009, subsection (11) is
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added to section 196.199, Florida Statutes, to read:
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196.199 Government property exemption.--
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(11) Property that is owned by a governmental entity and
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that is otherwise exempt or immune from taxation is taxable if
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the property is used by a private entity in any manner other than
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predominantly for a governmental, charitable, literary,
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religious, scientific, or educational purpose.
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Section 3. Except as otherwise expressly provided in this
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act, this act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.