Florida Senate - 2009                                     SB 474
       
       
       
       By Senator Bennett
       
       
       
       
       21-00378-09                                            2009474__
    1                        A bill to be entitled                      
    2         An act relating to the use of public moneys and
    3         property; defining the terms “governmental entity,”
    4         “professional sports team,” and “public funds”;
    5         prohibiting the use of public funds for certain
    6         purposes benefiting a professional sports team;
    7         providing exceptions; amending s. 196.199, F.S.;
    8         providing for the ad valorem taxation of property
    9         owned by a governmental entity if the property is used
   10         by a private entity for a nonexempt purpose; providing
   11         effective dates.
   12         
   13  Be It Enacted by the Legislature of the State of Florida:
   14         
   15         Section 1. (1) As used in this section, the term:
   16         (a) “Governmental entity” means the state, a county, a
   17  municipality, or an entity created by and acting on behalf of
   18  the state, a county, or a municipality.
   19         (b) “Professional sports team” means a professional sports
   20  franchise that exists within the National League or the American
   21  League of Major League Baseball, the National Basketball
   22  Association, the National Football League, or the National
   23  Hockey League.
   24         (c) “Public funds” means any moneys held by a governmental
   25  entity.
   26         (2) Notwithstanding any other law and except as provided in
   27  subsection (3), a governmental entity may not spend public funds
   28  in aid of a professional sports team, to pay for a facility used
   29  or intended to be used for a professional sports team, or for a
   30  sporting event of a professional sports team unless the
   31  expenditure has been approved by a majority vote of the
   32  registered electors residing within the jurisdictional
   33  boundaries of the governmental entity.
   34         (3) This section does not prohibit the expenditure of funds
   35  to meet a legally binding obligation of a governmental entity
   36  which was created before July 1, 2009, or to compensate an
   37  employee of a governmental entity for an activity that is within
   38  the scope of his or her employment and that assists a
   39  professional sports team in an incidental manner, such as
   40  advising a professional sports team of applicable regulatory
   41  requirements.
   42         Section 2. Effective January 1, 2010, subsection (11) is
   43  added to section 196.199, Florida Statutes, to read:
   44         196.199 Government property exemption.—
   45         (11) Property that is owned by a governmental entity and
   46  that is otherwise exempt or immune from taxation is taxable if
   47  the property is used by a private entity in any manner other
   48  than predominantly for a governmental, charitable, literary,
   49  religious, scientific, or educational purpose.
   50         Section 3. Except as otherwise expressly provided in this
   51  act, this act shall take effect July 1, 2009.