Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/SB 1828, 2nd Eng.
       
       
       
       
       
       
                                Barcode 678958                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/RM         .                                
             05/02/2013 03:39 PM       .                                
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       Senator Braynon moved the following:
       
    1         Senate Amendment to House Amendment (113961) (with title
    2  amendment)
    3  
    4         Delete lines 5 - 8
    5  and insert:
    6         Section 1. Paragraph (n) of subsection (3) and subsection
    7  (5) of section 125.0104, Florida Statutes, are amended to read:
    8         125.0104 Tourist development tax; procedure for levying;
    9  authorized uses; referendum; enforcement.—
   10         (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.—
   11         (n) In addition to any other tax that is imposed under this
   12  section, a county that has imposed the tax under paragraph (l)
   13  may impose an additional tax that is no greater than 1 percent
   14  on the exercise of the privilege described in paragraph (a) by a
   15  majority plus one vote of the membership of the board of county
   16  commissioners, or as otherwise provided in this paragraph, in
   17  order to:
   18         1. Pay the debt service on bonds issued to finance:
   19         a. The construction, reconstruction, or renovation of a
   20  facility that is either publicly owned and operated, or is
   21  publicly owned and operated by the owner of a professional
   22  sports franchise or other lessee with sufficient expertise or
   23  financial capability to operate such facility, and to pay the
   24  planning and design costs incurred before prior to the issuance
   25  of such bonds for a new professional sports franchise as defined
   26  in s. 288.1162.
   27         b. The acquisition, construction, reconstruction, or
   28  renovation of a facility either publicly owned and operated, or
   29  publicly owned and operated by the owner of a professional
   30  sports franchise or other lessee with sufficient expertise or
   31  financial capability to operate such facility, and to pay the
   32  planning and design costs incurred before prior to the issuance
   33  of such bonds for a retained spring training franchise.
   34         2. Pay the debt service on bonds issued to finance the
   35  renovation of a professional sports franchise facility that is
   36  publicly owned, or located on land that is publicly owned, and
   37  that is publicly operated or operated by the owner of a
   38  professional sports franchise or other lessee who has sufficient
   39  expertise or financial capability to operate the facility, and
   40  to pay the planning and design costs incurred before the
   41  issuance of such bonds for the renovated professional sports
   42  facility. The cost to renovate the facility must be more than
   43  $300 million, including permitting, architectural, and
   44  engineering fees, and at least a majority of the total
   45  construction cost, exclusive of in-kind contributions, must be
   46  paid for by the ownership group of the professional sports
   47  franchise or other private sources. Tax revenues available to
   48  pay debt service on bonds may be used to pay for operation and
   49  maintenance costs of the facility. A county levying the tax for
   50  the purposes specified in this subparagraph may do so only by a
   51  majority plus one vote of the membership of the board of county
   52  commissioners and after approval of the proposed use of the tax
   53  revenues by a majority vote of the electors voting in the
   54  referendum. Referendum approval of the proposed use of the tax
   55  revenues may be in an election held before or after the
   56  effective date of this act. The referendum ballot must include a
   57  brief description of the proposed use of the tax revenues and
   58  the following question:
   59         FOR the Proposed Use
   60         AGAINST the Proposed Use
   61         3.2. Promote and advertise tourism in this the state of
   62  Florida and nationally and internationally; however, if tax
   63  revenues are expended for an activity, service, venue, or event,
   64  the activity, service, venue, or event must shall have as one of
   65  its main purposes the attraction of tourists as evidenced by the
   66  promotion of the activity, service, venue, or event to tourists.
   67  
   68  A county that imposes the tax authorized in this paragraph may
   69  not expend any ad valorem tax revenues for the acquisition,
   70  expansion, construction, reconstruction, or renovation of a
   71  facility for which tax revenues are used pursuant to
   72  subparagraph 1. The provision of paragraph (b) which prohibits
   73  any county authorized to levy a convention development tax
   74  pursuant to s. 212.0305 from levying more than the 2 percent 2
   75  percent tax authorized by this section does shall not apply to
   76  the additional tax authorized by this paragraph in counties that
   77  which levy convention development taxes pursuant to s.
   78  212.0305(4)(a) or (b). Subsection (4) does not apply to the
   79  adoption of the additional tax authorized in this paragraph. The
   80  effective date of the levy and imposition of the tax authorized
   81  under this paragraph is the first day of the second month
   82  following approval of the ordinance by the board of county
   83  commissioners or the first day of any subsequent month specified
   84  in the ordinance. A certified copy of such ordinance must shall
   85  be furnished by the county to the Department of Revenue within
   86  10 days after approval of the ordinance.
   87         (5) AUTHORIZED USES OF REVENUE.—
   88         (a) All tax revenues received pursuant to this section by a
   89  county imposing the tourist development tax must shall be used
   90  by that county for the following purposes only:
   91         1. To acquire, construct, extend, enlarge, remodel, repair,
   92  improve, maintain, operate, or promote one or more publicly
   93  owned and operated convention centers, sports stadiums, sports
   94  arenas, coliseums, auditoriums, aquariums, or museums that are
   95  publicly owned and operated or owned and operated by not-for
   96  profit organizations and open to the public, within the
   97  boundaries of the county or subcounty special taxing district in
   98  which the tax is levied. Tax revenues received pursuant to this
   99  section may also be used for promotion of zoological parks that
  100  are publicly owned and operated or owned and operated by not
  101  for-profit organizations and open to the public. However, these
  102  purposes may be implemented through service contracts and leases
  103  with lessees with sufficient expertise or financial capability
  104  to operate such facilities;
  105         2. To promote and advertise tourism in this the state of
  106  Florida and nationally and internationally; however, if tax
  107  revenues are expended for an activity, service, venue, or event,
  108  the activity, service, venue, or event must shall have as one of
  109  its main purposes the attraction of tourists as evidenced by the
  110  promotion of the activity, service, venue, or event to tourists;
  111         3. To fund convention bureaus, tourist bureaus, tourist
  112  information centers, and news bureaus as county agencies or by
  113  contract with the chambers of commerce or similar associations
  114  in the county, which may include any indirect administrative
  115  costs for services performed by the county on behalf of the
  116  promotion agency; or
  117         4. To finance beach park facilities or beach improvement,
  118  maintenance, renourishment, restoration, and erosion control,
  119  including shoreline protection, enhancement, cleanup, or
  120  restoration of inland lakes and rivers to which there is public
  121  access as those uses relate to the physical preservation of the
  122  beach, shoreline, or inland lake or river. However, any funds
  123  identified by a county as the local matching source for beach
  124  renourishment, restoration, or erosion control projects included
  125  in the long-range budget plan of the state’s Beach Management
  126  Plan, pursuant to s. 161.091, or funds contractually obligated
  127  by a county in the financial plan for a federally authorized
  128  shore protection project may not be used or loaned for any other
  129  purpose. In counties of less than 100,000 population, no more
  130  than 10 percent of the revenues from the tourist development tax
  131  may be used for beach park facilities; or.
  132         5. For other uses specifically allowed under this
  133  subsection (3).
  134         (b) Tax revenues received pursuant to this section by a
  135  county of less than 750,000 population imposing a tourist
  136  development tax may only be used by that county for the
  137  following purposes in addition to those purposes allowed
  138  pursuant to paragraph (a): to acquire, construct, extend,
  139  enlarge, remodel, repair, improve, maintain, operate, or promote
  140  one or more zoological parks, fishing piers or nature centers
  141  which are publicly owned and operated or owned and operated by
  142  not-for-profit organizations and open to the public. All
  143  population figures relating to this subsection shall be based on
  144  the most recent population estimates prepared pursuant to the
  145  provisions of s. 186.901. These population estimates shall be
  146  those in effect on July 1 of each year.
  147         (c)Tax revenues received pursuant to this section by a
  148  coastal county that has a population of less than 250,000,
  149  excluding the inmate population, may also be used by that county
  150  to fund beach safety personnel and lifeguard operational
  151  activities in areas where there is public access. All population
  152  figures relating to this paragraph must be based on the most
  153  recent population estimates prepared pursuant to s. 186.901.
  154  These population estimates must be those in effect on April 1 of
  155  each year.
  156         (d)(c) The revenues to be derived from the tourist
  157  development tax may be pledged to secure and liquidate revenue
  158  bonds issued by the county for the purposes set forth in
  159  subparagraphs (a)1. and 4. or for the purpose of refunding bonds
  160  previously issued for such purposes, or both; however, no more
  161  than 50 percent of the revenues from the tourist development tax
  162  may be pledged to secure and liquidate revenue bonds or revenue
  163  refunding bonds issued for the purposes set forth in
  164  subparagraph (a)4. Such revenue bonds and revenue refunding
  165  bonds may be authorized and issued in such principal amounts,
  166  with such interest rates and maturity dates, and subject to such
  167  other terms, conditions, and covenants as the governing board of
  168  the county shall provide. The Legislature intends that this
  169  paragraph shall be the full and complete authority for
  170  accomplishing such purposes, but such authority shall be
  171  supplemental and additional to, and not in derogation of, any
  172  powers now existing or later conferred under law.
  173         (e)(d) Any use of the local option tourist development tax
  174  revenues collected pursuant to this section for a purpose not
  175  expressly authorized by paragraph (3)(l) or paragraph (3)(n) or
  176  paragraph (a), paragraph (b), or paragraph (c), or paragraph (d)
  177  of this subsection is expressly prohibited.
  178         Section 2. Paragraph (d) of subsection (6) of section
  179  212.20, Florida Statutes, is amended to read:
  180         212.20 Funds collected, disposition; additional powers of
  181  department; operational expense; refund of taxes adjudicated
  182  unconstitutionally collected.—
  183         (6) Distribution of all proceeds under this chapter and s.
  184  202.18(1)(b) and (2)(b) shall be as follows:
  185         (d) The proceeds of all other taxes and fees imposed
  186  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  187  and (2)(b) must shall be distributed as follows:
  188         1. In any fiscal year, the greater of $500 million, minus
  189  an amount equal to 4.6 percent of the proceeds of the taxes
  190  collected pursuant to chapter 201, or 5.2 percent of all other
  191  taxes and fees imposed pursuant to this chapter or remitted
  192  pursuant to s. 202.18(1)(b) and (2)(b) must shall be deposited
  193  in monthly installments into the General Revenue Fund.
  194         2. After the distribution under subparagraph 1., 8.814
  195  percent of the amount remitted by a sales tax dealer located
  196  within a participating county pursuant to s. 218.61 must shall
  197  be transferred into the Local Government Half-cent Sales Tax
  198  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
  199  transferred must shall be reduced by 0.1 percent, and the
  200  department shall distribute this amount to the Public Employees
  201  Relations Commission Trust Fund less $5,000 each month, which
  202  must shall be added to the amount calculated in subparagraph 3.
  203  and distributed accordingly.
  204         3. After the distribution under subparagraphs 1. and 2.,
  205  0.095 percent must shall be transferred to the Local Government
  206  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
  207  to s. 218.65.
  208         4. After the distributions under subparagraphs 1., 2., and
  209  3., 2.0440 percent of the available proceeds must shall be
  210  transferred monthly to the Revenue Sharing Trust Fund for
  211  Counties pursuant to s. 218.215.
  212         5. After the distributions under subparagraphs 1., 2., and
  213  3., 1.3409 percent of the available proceeds must shall be
  214  transferred monthly to the Revenue Sharing Trust Fund for
  215  Municipalities pursuant to s. 218.215. If the total revenue to
  216  be distributed pursuant to this subparagraph is at least as
  217  great as the amount due from the Revenue Sharing Trust Fund for
  218  Municipalities and the former Municipal Financial Assistance
  219  Trust Fund in state fiscal year 1999-2000, a no municipality may
  220  not shall receive less than the amount due from the Revenue
  221  Sharing Trust Fund for Municipalities and the former Municipal
  222  Financial Assistance Trust Fund in state fiscal year 1999-2000.
  223  If the total proceeds to be distributed are less than the amount
  224  received in combination from the Revenue Sharing Trust Fund for
  225  Municipalities and the former Municipal Financial Assistance
  226  Trust Fund in state fiscal year 1999-2000, each municipality
  227  shall receive an amount proportionate to the amount it was due
  228  in state fiscal year 1999-2000.
  229         6. Of the remaining proceeds:
  230         a. In each fiscal year, the sum of $29,915,500 must shall
  231  be divided into as many equal parts as there are counties in the
  232  state, and one part must shall be distributed to each county.
  233  The distribution among the several counties must begin each
  234  fiscal year on or before January 5th and continue monthly for a
  235  total of 4 months. If a local or special law required that any
  236  moneys accruing to a county in fiscal year 1999-2000 under the
  237  then-existing provisions of s. 550.135 be paid directly to the
  238  district school board, special district, or a municipal
  239  government, such payment must continue until the local or
  240  special law is amended or repealed. The state covenants with
  241  holders of bonds or other instruments of indebtedness issued by
  242  local governments, special districts, or district school boards
  243  before July 1, 2000, that it is not the intent of this
  244  subparagraph to adversely affect the rights of those holders or
  245  relieve local governments, special districts, or district school
  246  boards of the duty to meet their obligations as a result of
  247  previous pledges or assignments or trusts entered into which
  248  obligated funds received from the distribution to county
  249  governments under then-existing s. 550.135. This distribution
  250  specifically is in lieu of funds distributed under s. 550.135
  251  before July 1, 2000.
  252         b. The department shall, pursuant to s. 288.1162,
  253  distribute $166,667 monthly pursuant to s. 288.1162 to each
  254  applicant certified as a facility for a new or retained
  255  professional sports franchise pursuant to s. 288.1162. Up to
  256  $41,667 must shall be distributed monthly by the department to
  257  each certified applicant as defined in s. 288.11621 for a
  258  facility for a spring training franchise. However, not more than
  259  $416,670 may be distributed monthly in the aggregate to all
  260  certified applicants for facilities for spring training
  261  franchises. Distributions begin 60 days after such certification
  262  and continue for not more than 30 years, except as otherwise
  263  provided in s. 288.11621. A certified applicant identified in
  264  this sub-subparagraph may not receive more in distributions than
  265  expended by the applicant for the public purposes provided for
  266  in s. 288.1162 288.1162(5) or s. 288.11621(3).
  267         c. Beginning 30 days after notice by the Department of
  268  Economic Opportunity to the Department of Revenue that an
  269  applicant has been certified as the professional golf hall of
  270  fame pursuant to s. 288.1168 and is open to the public, $166,667
  271  must shall be distributed monthly, for up to 300 months, to the
  272  applicant.
  273         d. Beginning 30 days after notice by the Department of
  274  Economic Opportunity to the Department of Revenue that the
  275  applicant has been certified as the International Game Fish
  276  Association World Center facility pursuant to s. 288.1169, and
  277  the facility is open to the public, $83,333 must shall be
  278  distributed monthly, for up to 168 months, to the applicant.
  279  This distribution is subject to reduction pursuant to s.
  280  288.1169. A lump sum payment of $999,996 must shall be made,
  281  after certification and before July 1, 2000.
  282         e. Beginning 45 days after notice by the Department of
  283  Economic Opportunity to the Department of Revenue that an
  284  applicant has been approved by the Legislature and certified by
  285  the Department of Economic Opportunity under s. 288.11625, the
  286  department shall distribute each month an amount equal to one
  287  twelfth the annual distribution amount certified by the
  288  Department of Economic Opportunity for the applicant. The
  289  department may not distribute more than $13 million annually to
  290  all applicants approved by the Legislature and certified by the
  291  Department of Economic Opportunity pursuant to s. 288.11625.
  292         7. All other proceeds must remain in the General Revenue
  293  Fund.
  294         Section 3. Section 288.11625, Florida Statutes, is created
  295  to read:
  296         288.11625 Sports development.—
  297         (1) ADMINISTRATION.—The department shall serve as the state
  298  agency responsible for screening applicants for state funding
  299  under s. 212.20(6)(d)6.e.
  300         (2) DEFINITIONS.—As used in this section, the term:
  301         (a) “Agreement” means a signed agreement between a unit of
  302  local government and a beneficiary.
  303         (b) “Applicant” means a unit of local government, as
  304  defined in s. 218.369, which is responsible for the
  305  construction, management, or operation of a facility; or an
  306  entity that is responsible for the construction, management, or
  307  operation of a facility if a unit of local government holds
  308  title to the underlying property on which the facility is
  309  located.
  310         (c) “Beneficiary” means a professional sports franchise of
  311  the National Football League, the National Hockey League, the
  312  National Basketball Association, the National League or American
  313  League of Major League Baseball, Major League Soccer, or the
  314  National Association for Stock Car Auto Racing, or a nationally
  315  recognized professional sports association that occupies or uses
  316  a facility as the facility’s primary tenant. A beneficiary may
  317  also be an applicant under this section.
  318         (d) “Facility” means a facility primarily used to host
  319  games or events held by a beneficiary and does not include any
  320  portion used to provide transient lodging.
  321         (e) “Project” means a proposed construction,
  322  reconstruction, renovation, or improvement of a facility, or the
  323  proposed acquisition of land to construct a new facility.
  324         (f) “Signature event” means a professional sports event
  325  with significant export factor potential. For purposes of this
  326  paragraph, the term “export factor” means the attraction of
  327  economic activity or growth into the state which otherwise would
  328  not have occurred. Examples of signature events may include, but
  329  are not limited to:
  330         1. National Football League Super Bowls.
  331         2. Professional sports All-Star games.
  332         3. International sporting events and tournaments.
  333         4. Professional automobile race championships or Formula 1
  334  Grand Prix.
  335         5. The establishment of a new professional sports franchise
  336  in this state.
  337         (g) “State sales taxes generated by sales at the facility”
  338  means state sales taxes imposed under chapter 212 generated by
  339  admissions to the facility or by sales made by vendors at the
  340  facility who are accessible to persons attending events
  341  occurring at the facility.
  342         (3) PURPOSE.—The purpose of this section is to provide
  343  applicants state funding under s. 212.20(6)(d)6.e. for the
  344  public purpose of constructing, reconstructing, renovating, or
  345  improving a facility.
  346         (4) APPLICATION AND APPROVAL PROCESS.—
  347         (a) The department shall establish the procedures and
  348  application forms deemed necessary pursuant to the requirements
  349  of this section. The department may notify an applicant of any
  350  additional required or incomplete information necessary to
  351  evaluate an application.
  352         (b) The annual application period is from June 1 through
  353  November 1.
  354         (c) Within 60 days after receipt of a completed
  355  application, the department shall complete its evaluation of the
  356  application as provided under subsection (5) and notify the
  357  applicant in writing of the department’s decision to recommend
  358  approval of the applicant by the Legislature or to deny the
  359  application.
  360         (d) Annually by February 1, the department shall rank the
  361  applicants and shall provide to the Legislature the list of the
  362  recommended applicants in ranked order of projects most likely
  363  to positively impact the state based on required criteria
  364  established in this section. The list must include the
  365  department’s evaluation of the applicant.
  366         (e) A recommended applicant’s request for funding must be
  367  approved by the Legislature by general law.
  368         1. An application by a unit of local government which is
  369  approved by the Legislature and subsequently certified by the
  370  department remains certified for the duration of the
  371  beneficiary’s agreement with the applicant or for 30 years,
  372  whichever is less, provided the certified applicant has an
  373  agreement with a beneficiary at the time of initial
  374  certification by the department.
  375         2. An application by a beneficiary which is approved by the
  376  Legislature and subsequently certified by the department remains
  377  certified for the duration of the beneficiary’s agreement with
  378  the unit of local government that owns the underlying property
  379  or for 30 years, whichever is less, provided the certified
  380  applicant has an agreement with the unit of local government at
  381  the time of initial certification by the department.
  382         3. An applicant that is previously certified pursuant to
  383  this section does not need legislative approval each year to
  384  receive state funding.
  385         (f) An applicant that is recommended by the department but
  386  is not approved by the Legislature may reapply and update any
  387  information in the original application as required by the
  388  department.
  389         (g) The department may recommend no more than one
  390  distribution under this section for any applicant, facility, or
  391  beneficiary at a time.
  392         (5) EVALUATION PROCESS.—
  393         (a) Before recommending an applicant to receive a state
  394  distribution under s. 212.20(6)(d)6.e., the department must
  395  verify that:
  396         1. The applicant or beneficiary is responsible for the
  397  construction, reconstruction, renovation, or improvement of a
  398  facility.
  399         2. If the applicant is also the beneficiary, a unit of
  400  local government holds title to the property on which the
  401  facility and project are located.
  402         3. If the applicant is a unit of local government in whose
  403  jurisdiction the facility will be located, the unit of local
  404  government has an exclusive intent agreement to negotiate in
  405  this state with the beneficiary.
  406         4.a. The unit of local government in whose jurisdiction the
  407  facility will be located supports the application for state
  408  funds. Such support must be verified by the adoption of a
  409  resolution after a public hearing that the project serves a
  410  public purpose.
  411         b. If the unit of local government is required to pass a
  412  resolution by a majority plus one vote by the local government’s
  413  governing body and to hold a referendum for approval pursuant to
  414  s. 125.0104(3)(n)2., such resolution and referendum must
  415  affirmatively pass for the applicant to receive state funding
  416  under this section.
  417         5. The applicant or beneficiary has not previously
  418  defaulted or failed to meet any statutory requirements of a
  419  previous state-administered sports-related program under s.
  420  288.1162, s. 288.11621, or s. 288.1168.
  421         6. The applicant or beneficiary has sufficiently
  422  demonstrated a commitment to employ residents of this state,
  423  contract with Florida-based firms, and purchase locally
  424  available building materials to the greatest extent possible.
  425         7. If the applicant is a unit of local government, the
  426  applicant has a certified copy of a signed agreement with a
  427  beneficiary for the use of the facility. If the applicant is a
  428  beneficiary, the beneficiary must enter into an agreement with
  429  the department. The applicant’s or beneficiary’s agreement must
  430  also require the following:
  431         a. The beneficiary must reimburse the state for state funds
  432  that have been distributed and will be distributed if the
  433  beneficiary relocates before the agreement expires.
  434         b. The beneficiary must pay for signage or advertising
  435  within the facility. The signage or advertising must be placed
  436  in a prominent location as close to the field of play or
  437  competition as is practical, displayed consistent with signage
  438  or advertising in the same location and like value, and must
  439  feature Florida advertising approved by the Florida Tourism
  440  Industry Marketing Corporation.
  441         8. The project will commence within 12 months after
  442  receiving state funds.
  443         (b) The department shall competitively evaluate and rank
  444  applicants that submit applications for state funding which are
  445  received during the application period using the following
  446  criteria to evaluate the applicant’s ability to positively
  447  impact the state:
  448         1. The proposed use of state funds.
  449         2. The length of time that a beneficiary has agreed to use
  450  the facility.
  451         3. The percentage of total project funds provided by the
  452  applicant and the percentage of total project funds provided by
  453  the beneficiary.
  454         4. The number and type of signature events the facility is
  455  likely to attract during the duration of the agreement with the
  456  beneficiary.
  457         5. The anticipated increase in average annual ticket sales
  458  and attendance at the facility due to the project.
  459         6. The potential to attract out-of-state visitors to the
  460  facility.
  461         7. The length of time a beneficiary has been in the state
  462  or partnered with the unit of local government. In order to
  463  encourage new franchises to locate in this state, an application
  464  for a new franchise shall be considered to have a significant
  465  positive impact on the state and shall be given priority in the
  466  evaluation and ranking by the department.
  467         8. The multiuse capabilities of the facility.
  468         9. The facility’s projected employment of residents of this
  469  state, contracts with Florida-based firms, and purchases of
  470  locally available building materials.
  471         10. The amount of private and local financial or in-kind
  472  contributions to the project.
  473         11. The amount of positive advertising or media coverage
  474  the facility generates.
  475         (6) DISTRIBUTION.—
  476         (a) The department shall determine the annual distribution
  477  amount an applicant may receive based on the total cost of the
  478  project.
  479         1. If the total project cost is $200 million or greater,
  480  the applicant is eligible to receive annual distributions equal
  481  to the new incremental state sales taxes generated by sales at
  482  the facility during 12 months as provided under subparagraph
  483  (b)2., up to $3 million.
  484         2. If the total project cost is at least $100 million but
  485  less than $200 million, the applicant is eligible to receive
  486  annual distributions equal to the new incremental state sales
  487  taxes generated by sales at the facility during 12 months as
  488  provided under subparagraph (b)2., up to $2 million.
  489         3. If the total project cost is less than $100 million, the
  490  applicant is eligible to receive annual distributions equal to
  491  the new incremental state sales taxes generated by sales at the
  492  facility during 12 months as provided under subparagraph (b)2.,
  493  up to $1 million.
  494         (b) At the time of initial evaluation and review by the
  495  department pursuant to subsection (5), the applicant must
  496  provide an analysis by an independent certified public
  497  accountant which demonstrates:
  498         1. The amount of state sales taxes generated by sales at
  499  the facility during the 12-month period immediately prior to the
  500  beginning of the application period. This amount is the
  501  baseline.
  502         2. The expected amount of new incremental state sales taxes
  503  generated by sales at the facility above the baseline which will
  504  be generated as a result of the project.
  505         (c) The independent analysis provided in paragraph (b) must
  506  be verified by the department.
  507         (d) The Department of Revenue shall begin distributions
  508  within 45 days after notification of initial certification from
  509  the department.
  510         (e) The department must consult with the Department of
  511  Revenue and the Office of Economic and Demographic Research to
  512  develop a standard calculation for estimating new incremental
  513  state sales taxes generated by sales at the facility and
  514  adjustments to distributions.
  515         (f) In any 12-month period when total distributions for all
  516  certified applicants equal $13 million, the department may not
  517  certify new distributions for any additional applicants.
  518         (7) CONTRACT.—An applicant approved by the Legislature and
  519  certified by the department must enter into a contract with the
  520  department which:
  521         (a) Specifies the terms of the state’s investment.
  522         (b) States the criteria that the certified applicant must
  523  meet in order to remain certified.
  524         (c) Requires the applicant to submit the independent
  525  analysis required under subsection (6) and an annual independent
  526  analysis.
  527         1. The applicant must agree to submit to the department,
  528  beginning 12 months after completion of a project or 12 months
  529  after the first four annual distributions, whichever is earlier,
  530  an annual analysis by an independent certified public accountant
  531  demonstrating the actual amount of new incremental state sales
  532  taxes generated by sales at the facility during the previous 12
  533  month period. The applicant shall certify to the department a
  534  comparison of the actual amount of state sales taxes generated
  535  by sales at the facility during the previous 12-month period to
  536  the baseline under subparagraph (6)(b)1.
  537         2. The applicant must submit the certification within 60
  538  days after the end of the previous 12-month period. The
  539  department shall verify the analysis.
  540         (d) Specifies information that the certified applicant must
  541  report to the department.
  542         (e) Requires the applicant to reimburse the state for the
  543  amount each year that the actual new incremental state sales
  544  taxes generated by sales at the facility during the most recent
  545  12-month period was less than the annual distribution under
  546  paragraph (6)(a). This requirement applies 12 months after
  547  completion of a project or 12 months after the first four annual
  548  distributions, whichever is earlier.
  549         1. If the applicant is unable or unwilling to reimburse the
  550  state in any year for the amount equal to the difference between
  551  the actual new incremental state sales taxes generated by sales
  552  at the facility and the annual distribution under paragraph
  553  (6)(a), the department may place a lien on the applicant’s
  554  facility.
  555         2. If the applicant is a municipality or county, it may
  556  reimburse the state from its half-cent sales tax allocation, as
  557  provided in s. 218.64(3).
  558         3. Reimbursements must be sent to the Department of Revenue
  559  for deposit into the General Revenue Fund.
  560         (f) Includes any provisions deemed prudent by the
  561  department.
  562         (8) USE OF FUNDS.—An applicant certified under this section
  563  may use state funds only for the following purposes:
  564         (a) Constructing, reconstructing, renovating, or improving
  565  a facility, or reimbursing such costs.
  566         (b) Paying or pledging for the payment of debt service on,
  567  or to fund debt service reserve funds, arbitrage rebate
  568  obligations, or other amounts payable with respect thereto,
  569  bonds issued for the construction or renovation of such
  570  facility; or for the reimbursement of such costs or the
  571  refinancing of bonds issued for such purposes.
  572         (9) REPORTS.—
  573         (a) On or before November 1 of each year, an applicant
  574  certified under this section and approved to receive state funds
  575  must submit to the department any information required by the
  576  department. The department shall summarize this information for
  577  inclusion in the report to the Legislature due February 1 under
  578  paragraph (4)(d).
  579         (b) Every 5 years following the first month that an
  580  applicant receives a monthly distribution, the department must
  581  verify that the applicant is meeting the program requirements.
  582  If the applicant is not meeting program requirements, the
  583  department must notify the Governor and Legislature of the
  584  requirements not being met and must recommend future action as
  585  part of the report to the Legislature due February 1 pursuant to
  586  paragraph (4)(d). The department shall consider exceptions that
  587  may have prevented the applicant from meeting the program
  588  requirements. Such exceptions include:
  589         1. Force majeure events.
  590         2. Significant economic downturn.
  591         3. Other extenuating circumstances.
  592         (10) AUDITS.—The Auditor General may conduct audits
  593  pursuant to s. 11.45 to verify the independent analysis required
  594  under paragraphs (6)(b) and (7)(c) and to verify that the
  595  distributions are expended as required. The Auditor General
  596  shall report the findings to the department. If the Auditor
  597  General determines that the distribution payments are not
  598  expended as required, the Auditor General must notify the
  599  Department of Revenue, which may pursue recovery of
  600  distributions under the laws and rules that govern the
  601  assessment of taxes.
  602         (11) REPAYMENT OF DISTRIBUTIONS.—An applicant that is
  603  certified under this section may be subject to repayment of
  604  distributions upon the occurrence of any of the following:
  605         (a) An applicant’s beneficiary has broken the terms of its
  606  agreement with the applicant and relocated from the facility.
  607  The beneficiary must reimburse the state for state funds that
  608  have been distributed and will be distributed if the beneficiary
  609  relocates before the agreement expires.
  610         (b) The department has determined that an applicant has
  611  submitted any information or made a representation that is
  612  determined to be false, misleading, deceptive, or otherwise
  613  untrue. The applicant must reimburse the state for state funds
  614  that have been distributed and will be distributed if such
  615  determination is made.
  616         (12) HALTING OF PAYMENTS.—The applicant may request to halt
  617  future distributions by providing the department with written
  618  notice at least 20 days prior to the next monthly distribution
  619  payment. The department must immediately notify the Department
  620  of Revenue to halt future payments.
  621         (13) RULEMAKING.—The department may adopt rules to
  622  implement this section.
  623         Section 4. Contingent upon enactment of the Economic
  624  Development Program Evaluation as set forth in SB 406 or similar
  625  legislation, section 288.116255, Florida Statutes, is created to
  626  read:
  627         288.116255 Sports Development Program Evaluation.—Beginning
  628  in 2015, the Sports Development Program must be evaluated as
  629  part of the Economic Development Program Evaluation, and every 3
  630  years thereafter.
  631         Section 5. Subsections (2) and (3) of section 218.64,
  632  Florida Statutes, are amended to read:
  633         218.64 Local government half-cent sales tax; uses;
  634  limitations.—
  635         (2) Municipalities shall expend their portions of the local
  636  government half-cent sales tax only for municipality-wide
  637  programs, for reimbursing the state as required by a contract
  638  pursuant to s. 288.11625(7), or for municipality-wide property
  639  tax or municipal utility tax relief. All utility tax rate
  640  reductions afforded by participation in the local government
  641  half-cent sales tax shall be applied uniformly across all types
  642  of taxed utility services.
  643         (3) Subject to ordinances enacted by the majority of the
  644  members of the county governing authority and by the majority of
  645  the members of the governing authorities of municipalities
  646  representing at least 50 percent of the municipal population of
  647  such county, counties may use up to $3 $2 million annually of
  648  the local government half-cent sales tax allocated to that
  649  county for funding for any of the following purposes applicants:
  650         (a) Funding a certified applicant as a facility for a new
  651  or retained professional sports franchise under s. 288.1162 or a
  652  certified applicant as defined in s. 288.11621 for a facility
  653  for a spring training franchise. It is the Legislature’s intent
  654  that the provisions of s. 288.1162, including, but not limited
  655  to, the evaluation process by the Department of Economic
  656  Opportunity except for the limitation on the number of certified
  657  applicants or facilities as provided in that section and the
  658  restrictions set forth in s. 288.1162(8), shall apply to an
  659  applicant’s facility to be funded by local government as
  660  provided in this subsection.
  661         (b) Funding a certified applicant as a “motorsport
  662  entertainment complex,” as provided for in s. 288.1171. Funding
  663  for each franchise or motorsport complex shall begin 60 days
  664  after certification and shall continue for not more than 30
  665  years.
  666         (c) Reimbursing the state as required by a contract
  667  pursuant to s. 288.11625(7).
  668         Section 6. (1) The executive director of the Department of
  669  Economic Opportunity may, and all conditions are deemed met,
  670  adopt emergency rules pursuant to ss. 120.536(1) and 120.54(4),
  671  Florida Statutes, for the purpose of implementing this act.
  672         (2) Notwithstanding any provision of law, such emergency
  673  rules remain in effect for 6 months after the date adopted and
  674  may be renewed during the pendency of procedures to adopt
  675  permanent rules addressing the subject of the emergency rules.
  676         Section 6. Paragraph (a) of subsection (10) of section
  677  125.0104, Florida Statutes, is amended to read:
  678         125.0104 Tourist development tax; procedure for levying;
  679  authorized uses; referendum; enforcement.—
  680  
  681  ================= T I T L E  A M E N D M E N T ================
  682         And the title is amended as follows:
  683         Delete lines 13 - 14
  684  and insert:
  685         125.0104, F.S.; providing that tourist development tax
  686         revenues may also be used to pay the debt service on
  687         bonds that finance the renovation of a professional
  688         sports facility that is publicly owned, or that is on
  689         publicly owned land, and that is publicly operated or
  690         operated by the owner of a professional sports
  691         franchise or other lessee; requiring that the
  692         renovation costs exceed a specified amount; allowing
  693         certain fees and costs to be included in the cost for
  694         renovation; requiring private contributions to the
  695         professional sports facility as a condition for the
  696         use of tourist development taxes; authorizing the use
  697         of certain tax revenues to pay for operation and
  698         maintenance costs of the renovated facility; requiring
  699         a majority plus one vote of the membership of the
  700         board of county commissioners to levy a tax for
  701         renovation of a sports franchise facility after
  702         approval by a majority of the electors voting in a
  703         referendum to approve the proposed use of the tax
  704         revenues; authorizing the referendum to be held before
  705         or after the effective date of this act; providing
  706         requirements for the referendum ballot; providing for
  707         nonapplication of the prohibition against levying such
  708         tax in certain cities and towns under certain
  709         conditions; authorizing the use of tourist development
  710         tax revenues for financing the renovation of a
  711         professional sports franchise facility; providing an
  712         additional use for tourist development tax revenues
  713         for certain coastal counties; authorizing counties to
  714         require certain information for tax returns filed with
  715         county governments; amending s. 212.20, F.S.;
  716         authorizing a distribution for an applicant that has
  717         been approved by the Legislature and certified by the
  718         Department of Economic Opportunity under s. 288.11625,
  719         F.S.; providing a limitation; creating s. 288.11625,
  720         F.S.; providing that the Department of Economic
  721         Opportunity shall screen applicants for state funding
  722         for sports development; defining the terms
  723         “agreement,” “applicant,” “beneficiary,” “facility,”
  724         “project,” “state sales taxes generated by sales at
  725         the facility,” and “signature event”; providing a
  726         purpose to provide funding for applicants for
  727         constructing, reconstructing, renovating, or improving
  728         a facility; providing an application and approval
  729         process; providing for an annual application period;
  730         providing for the Department of Economic Opportunity
  731         to submit recommendations to the Legislature by a
  732         certain date; requiring legislative approval for state
  733         funding; providing evaluation criteria for an
  734         applicant to receive state funding; providing for
  735         evaluation and ranking of applicants under certain
  736         criteria; allowing the department to determine the
  737         type of beneficiary; providing levels of state funding
  738         up to a certain amount of new incremental state sales
  739         tax revenue; providing for a distribution and
  740         calculation; requiring the Department of Revenue to
  741         distribute funds within a certain timeframe after
  742         notification by the department; limiting annual
  743         distributions to $13 million; providing for a contract
  744         between the department and the applicant; limiting use
  745         of funds; requiring an applicant to submit information
  746         to the department annually; requiring a 5-year review;
  747         authorizing the Auditor General to conduct audits;
  748         providing for reimbursement of the state funding under
  749         certain circumstances; providing for discontinuation
  750         of distributions upon an applicant’s request;
  751         authorizing the Department of Economic Opportunity to
  752         adopt rules; contingently creating s. 288.116255,
  753         F.S.; providing for an evaluation; amending s. 218.64,
  754         F.S.; providing for municipalities and counties to
  755         expend a portion of local government half-cent sales
  756         tax revenues to reimburse the state as required by a
  757         contract; authorizing the Department of Economic
  758         Opportunity to adopt emergency rules; amending s.
  759         125.0104, F.S.; authorizing counties to require
  760         certain