HB 253

1
A bill to be entitled
2An act relating to the use of public moneys and property;
3defining the terms "governmental entity," "professional
4sports team," and "public funds"; prohibiting the use of
5public funds for certain purposes benefiting a
6professional sports team; providing exceptions; amending
7s. 196.199, F.S.; providing for the ad valorem taxation of
8property owned by a governmental entity if the property is
9used by a private entity for a nonexempt purpose;
10providing effective dates.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  (1)  As used in this section, the term:
15     (a)  "Governmental entity" means the state, a county, a
16municipality, or an entity created by and acting on behalf of
17the state, a county, or a municipality.
18     (b)  "Professional sports team" means a professional sports
19franchise that exists within the National League or the American
20League of Major League Baseball, the National Basketball
21Association, the National Football League, or the National
22Hockey League.
23     (c)  "Public funds" means any moneys held by a governmental
24entity.
25     (2)  Notwithstanding any other law and except as provided
26in subsection (3), a governmental entity may not spend public
27funds in aid of a professional sports team, to pay for a
28facility used or intended to be used for a professional sports
29team, or for a sporting event of a professional sports team
30unless the expenditure has been approved by a majority vote of
31the registered electors residing within the jurisdictional
32boundaries of the governmental entity.
33     (3)  This section does not prohibit the expenditure of
34funds to meet a legally binding obligation of a governmental
35entity which was created before July 1, 2009, or to compensate
36an employee of a governmental entity for an activity that is
37within the scope of his or her employment and that assists a
38professional sports team in an incidental manner, such as
39advising a professional sports team of applicable regulatory
40requirements.
41     Section 2.  Effective January 1, 2010, subsection (11) is
42added to section 196.199, Florida Statutes, to read:
43     196.199  Government property exemption.--
44     (11)  Property that is owned by a governmental entity and
45that is otherwise exempt or immune from taxation is taxable if
46the property is used by a private entity in any manner other
47than predominantly for a governmental, charitable, literary,
48religious, scientific, or educational purpose.
49     Section 3.  Except as otherwise expressly provided in this
50act, this act shall take effect July 1, 2009.


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