Florida Senate - 2009                                    SB 2308
       
       
       
       By Senator Gelber
       
       
       
       
       35-01845A-09                                          20092308__
    1                        A bill to be entitled                      
    2         An act relating to performing arts center funding;
    3         amending s. 212.20, F.S.; revising the authority of
    4         the Department of Revenue to distribute certain tax
    5         proceeds to include distributions to performing arts
    6         centers; creating s. 288.163, F.S.; designating the
    7         Office of Tourism, Trade, and Economic Development as
    8         the state agency for screening applicants for
    9         performing arts center funding; providing a
   10         definition; requiring the office to adopt funding
   11         application rules; specifying certification duties of
   12         the office; specifying uses of certain funds;
   13         requiring the office to notify the department of
   14         certifications; authorizing the department to conduct
   15         audits to verify expenditures; authorizing the
   16         department to recover certain funds under certain
   17         circumstances; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (d) of subsection (6) of section
   22  212.20, Florida Statutes, is amended to read:
   23         212.20 Funds collected, disposition; additional powers of
   24  department; operational expense; refund of taxes adjudicated
   25  unconstitutionally collected.—
   26         (6) Distribution of all proceeds under this chapter and s.
   27  202.18(1)(b) and (2)(b) shall be as follows:
   28         (d) The proceeds of all other taxes and fees imposed
   29  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
   30  and (2)(b) shall be distributed as follows:
   31         1. In any fiscal year, the greater of $500 million, minus
   32  an amount equal to 4.6 percent of the proceeds of the taxes
   33  collected pursuant to chapter 201, or 5 percent of all other
   34  taxes and fees imposed pursuant to this chapter or remitted
   35  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
   36  monthly installments into the General Revenue Fund.
   37         2. Two-tenths of one percent shall be transferred to the
   38  Ecosystem Management and Restoration Trust Fund to be used for
   39  water quality improvement and water restoration projects.
   40         3. After the distribution under subparagraphs 1. and 2.,
   41  8.814 percent of the amount remitted by a sales tax dealer
   42  located within a participating county pursuant to s. 218.61
   43  shall be transferred into the Local Government Half-cent Sales
   44  Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
   45  be transferred pursuant to this subparagraph to the Local
   46  Government Half-cent Sales Tax Clearing Trust Fund shall be
   47  reduced by 0.1 percent, and the department shall distribute this
   48  amount to the Public Employees Relations Commission Trust Fund
   49  less $5,000 each month, which shall be added to the amount
   50  calculated in subparagraph 4. and distributed accordingly.
   51         4. After the distribution under subparagraphs 1., 2., and
   52  3., 0.095 percent shall be transferred to the Local Government
   53  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
   54  to s. 218.65.
   55         5. After the distributions under subparagraphs 1., 2., 3.,
   56  and 4., 2.0440 percent of the available proceeds pursuant to
   57  this paragraph shall be transferred monthly to the Revenue
   58  Sharing Trust Fund for Counties pursuant to s. 218.215.
   59         6. After the distributions under subparagraphs 1., 2., 3.,
   60  and 4., 1.3409 percent of the available proceeds pursuant to
   61  this paragraph shall be transferred monthly to the Revenue
   62  Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
   63  the total revenue to be distributed pursuant to this
   64  subparagraph is at least as great as the amount due from the
   65  Revenue Sharing Trust Fund for Municipalities and the former
   66  Municipal Financial Assistance Trust Fund in state fiscal year
   67  1999-2000, no municipality shall receive less than the amount
   68  due from the Revenue Sharing Trust Fund for Municipalities and
   69  the former Municipal Financial Assistance Trust Fund in state
   70  fiscal year 1999-2000. If the total proceeds to be distributed
   71  are less than the amount received in combination from the
   72  Revenue Sharing Trust Fund for Municipalities and the former
   73  Municipal Financial Assistance Trust Fund in state fiscal year
   74  1999-2000, each municipality shall receive an amount
   75  proportionate to the amount it was due in state fiscal year
   76  1999-2000.
   77         7. Of the remaining proceeds:
   78         a. In each fiscal year, the sum of $29,915,500 shall be
   79  divided into as many equal parts as there are counties in the
   80  state, and one part shall be distributed to each county. The
   81  distribution among the several counties shall begin each fiscal
   82  year on or before January 5th and shall continue monthly for a
   83  total of 4 months. If a local or special law required that any
   84  moneys accruing to a county in fiscal year 1999-2000 under the
   85  then-existing provisions of s. 550.135 be paid directly to the
   86  district school board, special district, or a municipal
   87  government, such payment shall continue until such time that the
   88  local or special law is amended or repealed. The state covenants
   89  with holders of bonds or other instruments of indebtedness
   90  issued by local governments, special districts, or district
   91  school boards prior to July 1, 2000, that it is not the intent
   92  of this subparagraph to adversely affect the rights of those
   93  holders or relieve local governments, special districts, or
   94  district school boards of the duty to meet their obligations as
   95  a result of previous pledges or assignments or trusts entered
   96  into which obligated funds received from the distribution to
   97  county governments under then-existing s. 550.135. This
   98  distribution specifically is in lieu of funds distributed under
   99  s. 550.135 prior to July 1, 2000.
  100         b.(I) The department shall distribute $166,667 monthly
  101  pursuant to s. 288.1162 to each applicant that has been
  102  certified as a “facility for a new professional sports
  103  franchise” or a “facility for a retained professional sports
  104  franchise” pursuant to s. 288.1162. Up to $41,667 shall be
  105  distributed monthly by the department to each applicant that has
  106  been certified as a “facility for a retained spring training
  107  franchise” pursuant to s. 288.1162; however, not more than
  108  $416,670 may be distributed monthly in the aggregate to all
  109  certified facilities for a retained spring training franchise.
  110  Distributions shall begin 60 days following such certification
  111  and shall continue for not more than 30 years. Nothing contained
  112  in this paragraph shall be construed to allow an applicant
  113  certified pursuant to s. 288.1162 to receive more in
  114  distributions than actually expended by the applicant for the
  115  public purposes provided for in s. 288.1162(6); or
  116         (II) The department shall distribute $166,667 monthly
  117  pursuant to s. 288.163 to each applicant that has been certified
  118  as a performing arts center pursuant to s. 288.1163.
  119  Distributions shall begin 60 days after such certification and
  120  shall continue for not more than 30 years. Nothing contained in
  121  this paragraph shall be construed to allow an applicant
  122  certified pursuant to s. 288.163 to receive more in
  123  distributions than actually expended by the applicant for the
  124  public purposes provided for in s. 288.163(5).
  125         c. Beginning 30 days after notice by the Office of Tourism,
  126  Trade, and Economic Development to the Department of Revenue
  127  that an applicant has been certified as the professional golf
  128  hall of fame pursuant to s. 288.1168 and is open to the public,
  129  $166,667 shall be distributed monthly, for up to 300 months, to
  130  the applicant.
  131         d. Beginning 30 days after notice by the Office of Tourism,
  132  Trade, and Economic Development to the Department of Revenue
  133  that the applicant has been certified as the International Game
  134  Fish Association World Center facility pursuant to s. 288.1169,
  135  and the facility is open to the public, $83,333 shall be
  136  distributed monthly, for up to 168 months, to the applicant.
  137  This distribution is subject to reduction pursuant to s.
  138  288.1169. A lump sum payment of $999,996 shall be made, after
  139  certification and before July 1, 2000.
  140         8. All other proceeds shall remain with the General Revenue
  141  Fund.
  142         Section 2. Section 288.163, Florida Statutes, is created to
  143  read:
  144         288.163 Performing arts centers, certification; duties.—
  145         (1) The Office of Tourism, Trade, and Economic Development
  146  shall serve as the state agency for screening applicants for
  147  state funding pursuant to s. 212.20(6)(d)7.b.(II) and for
  148  certifying an applicant as a performing arts center that is
  149  eligible for funding pursuant to s. 212.20(6)(d)7.b.(II).
  150         (2) As used in this section, the term “performing arts
  151  center” means a facility where live theater, live opera, live
  152  ballet, or other live cultural events are held that is publicly
  153  owned and operated or owned and operated by a not-for-profit
  154  organization and open to the public, within the boundaries of
  155  such municipality or county.
  156         (3) The Office of Tourism, Trade, and Economic Development
  157  shall adopt rules for the receipt and processing of applications
  158  for funding pursuant to s. 212.20(6)(d)7.b.(II).
  159         (4) Before certifying an applicant as a performing arts
  160  center eligible for funding pursuant to s. 212.20(6)(d)7.b.(II),
  161  the Office of Tourism, Trade, and Economic Development must:
  162         (a) Determine that a unit of local government or a not-for
  163  profit organization is responsible for the construction,
  164  maintenance, or operation of the performing arts center or holds
  165  title to or a leasehold interest in the property on which the
  166  performing arts center is located and the applicant is or will
  167  be the owner, tenant, or operator of the performing arts center.
  168         (b) Determine that the applicant has projections, verified
  169  by the Office of Tourism, Trade, and Economic Development, that
  170  demonstrate that the performing arts center will attract a paid
  171  attendance of more than 150,000 annually.
  172         (c) Determine that the applicant has an independent
  173  analysis or study, verified by the Office of Tourism, Trade, and
  174  Economic Development, which demonstrates that the amount of the
  175  revenues generated by the taxes imposed under chapter 212 with
  176  respect to the use and operation of the performing arts center
  177  will equal or exceed $2 million annually.
  178         (d) Determine that the municipality or county in which the
  179  performing arts center is located has certified by resolution
  180  after a public hearing that the application serves a public
  181  purpose.
  182         (5) An applicant certified as a performing arts center and
  183  certified for funding pursuant to s. 212.20(6)(d)7.b.(II) may
  184  use funds provided pursuant to that sub-sub-subparagraph only
  185  for the public purpose of:
  186         (a) Paying for the acquisition, construction,
  187  reconstruction, renovation, capital improvement, or maintenance
  188  of the performing arts center or any ancillary facilities, such
  189  as parking structures, meeting rooms, and retail and concession
  190  space.
  191         (b) Paying or pledging for the payment of debt service on,
  192  or funding debt service reserve funds, arbitrage rebate
  193  obligations, or other amounts payable with respect to, bonds or
  194  other indebtedness issued for the acquisition, construction,
  195  reconstruction, renovation, or capital improvement of the
  196  facility for a performing arts center or ancillary facilities.
  197         (c) Reimbursing costs for the refinance of bonds or other
  198  indebtedness, including the payment of any interest and
  199  prepayment premium or penalty thereon, issued for the
  200  acquisition, construction, reconstruction, renovation, or
  201  capital improvement of the performing arts center or ancillary
  202  facilities.
  203         (6) The Office of Tourism, Trade, and Economic Development
  204  shall notify the Department of Revenue of any facility certified
  205  as a performing arts center that is eligible for funding
  206  pursuant to s. 212.20(6)(d)7.b.(II).
  207         (7) The Department of Revenue may conduct audits as
  208  provided in s. 213.34 to verify that the distributions made
  209  under this section have been expended as required in this
  210  section. If the department determines that the distributions
  211  made under this section have not been expended as required by
  212  this section, it may pursue recovery of the funds under the laws
  213  and rules governing the assessment of taxes.
  214         Section 3. This act shall take effect July 1, 2009.