Florida Senate - 2008 SB 1412

By Senator Bennett

21-03300-08 20081412__

1

A bill to be entitled

2

An act relating to the use of public moneys and property;

3

providing definitions; prohibiting the use of public funds

4

for certain purposes benefiting a professional sports

5

team; providing exceptions; amending s. 196.199, F.S.;

6

providing for the ad valorem taxation of property owned by

7

a governmental entity if the property is used by a private

8

entity for a nonexempt purpose; providing effective dates.

9

10

Be It Enacted by the Legislature of the State of Florida:

11

12

     Section 1. (1) As used in this section, the term:

13

     (a) "Governmental entity" means the state, a county, a

14

municipality, or an entity created by and acting on behalf of the

15

state, a county, or a municipality.

16

     (b) "Professional sports team" means a professional sports

17

franchise that exists within the National League or the American

18

League of Major League Baseball, the National Basketball

19

Association, the National Football League, or the National Hockey

20

League.

21

     (c) "Public funds" means any moneys held by a governmental

22

entity.

23

     (2) Notwithstanding any other law and except as provided in

24

subsection (3), a governmental entity may not spend public funds

25

in aid of a professional sports team, to pay for a facility used

26

or intended to be used for such a team, or for a sporting event

27

of such a team unless the expenditure has been approved by a

28

majority vote of the registered electors residing within the

29

jurisdictional boundaries of the governmental entity.

30

     (3) This section does not prohibit the expenditure of funds

31

to meet a legally binding obligation of a governmental entity

32

which was created before July 1, 2008, or to compensate an

33

employee of a governmental entity for an activity that is within

34

the scope of his or her employment which assists a professional

35

sports team in an incidental manner, such as advising a

36

professional sports team of applicable regulatory requirements.

37

     Section 2.  Effective January 1, 2009, subsection (11) is

38

added to section 196.199, Florida Statutes, to read:

39

     196.199  Government property exemption.--

40

     (11) Property that is owned by a governmental entity and

41

that is otherwise exempt or immune from taxation is taxable if

42

the property is used by a private entity in any manner other than

43

predominantly for a governmental, charitable, literary,

44

religious, scientific, or educational purpose.

45

     Section 3.  Except as otherwise expressly provided in this

46

act, this act shall take effect July 1, 2008.

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