Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 306
       
       
       
       
       
       
                                Barcode 402070                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/29/2013 05:08 PM       .                                
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       Senator Bradley moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 396 - 612
    4  and insert:
    5         (f) “Signature event” means a sports event with significant
    6  export factor potential. For purposes of this paragraph, the
    7  term “export factor” means the attraction of economic activity
    8  or growth into the state which otherwise would not have
    9  occurred. Examples of signature events may include, but are not
   10  limited to:
   11         1. National Football League Super Bowls.
   12         2. Professional sports All-Star games.
   13         3. International sporting events and tournaments.
   14         4. Professional automobile race championships or Formula 1
   15  Grand Prix.
   16         5. The establishment of a new professional sports franchise
   17  in this state.
   18         (g) State sales taxes generated by sales at the facility
   19  means state sales taxes imposed under chapter 212 generated by
   20  admissions to the facility or by sales made by vendors at the
   21  facility who are accessible to persons attending events
   22  occurring at the facility.
   23         (3) PURPOSE.—The purpose of this section is to provide
   24  applicants state funding under s. 212.20(6)(d)6.e. for the
   25  public purpose of constructing, reconstructing, renovating, or
   26  improving a facility.
   27         (4) APPLICATION AND APPROVAL PROCESS.—
   28         (a) The department shall establish the procedures and
   29  application forms deemed necessary pursuant to the requirements
   30  of this section. The department may notify an applicant of any
   31  additional required or incomplete information necessary to
   32  evaluate an application.
   33         (b) The annual application period is from June 1 through
   34  November 1.
   35         (c) Within 60 days after receipt of a completed
   36  application, the department shall complete its evaluation of the
   37  application as provided under subsection (5) and notify the
   38  applicant in writing of the department’s decision to recommend
   39  approval of the applicant by the Legislature or to deny the
   40  application.
   41         (d) Annually by February 1, the department shall rank the
   42  applicants and shall provide to the Legislature the list of the
   43  recommended applicants in ranked order of projects most likely
   44  to positively impact the state based on required criteria
   45  established in this section. The list must include the
   46  department’s evaluation of the applicant.
   47         (e) A recommended applicant’s request for funding must be
   48  approved by the Legislature by general law.
   49         1. An application by a unit of local government which is
   50  approved by the Legislature and subsequently certified by the
   51  department remains certified for the duration of the
   52  beneficiary’s agreement with the applicant or for 30 years,
   53  whichever is less, provided the certified applicant has an
   54  agreement with a beneficiary at the time of initial
   55  certification by the department.
   56         2. An application by a beneficiary which is approved by the
   57  Legislature and subsequently certified by the department remains
   58  certified for the duration of the beneficiary’s agreement with
   59  the unit of local government that owns the underlying property
   60  or for 30 years, whichever is less, provided the certified
   61  applicant has an agreement with the unit of local government at
   62  the time of initial certification by the department.
   63         3. An applicant that is previously certified pursuant to
   64  this section does not need legislative approval each year to
   65  receive state funding.
   66         (f) An applicant that is recommended by the department but
   67  is not approved by the Legislature may reapply and update any
   68  information in the original application as required by the
   69  department.
   70         (g) The department may recommend no more than one
   71  distribution under this section for any applicant, facility, or
   72  beneficiary at a time.
   73         (5) EVALUATION PROCESS.—
   74         (a) Before recommending an applicant to receive a state
   75  distribution under s. 212.20(6)(d)6.e., the department must
   76  verify that:
   77         1. The applicant or beneficiary is responsible for the
   78  construction, reconstruction, renovation, or improvement of a
   79  facility.
   80         2. If the applicant is also the beneficiary, a unit of
   81  local government holds title to the property on which the
   82  facility and project are located.
   83         3. The project for which the applicant is seeking state
   84  funding has not commenced construction.
   85         4. If the applicant is a unit of local government in whose
   86  jurisdiction the facility will be located, the unit of local
   87  government has an exclusive intent agreement to negotiate in
   88  this state with the beneficiary.
   89         5.a. The unit of local government in whose jurisdiction the
   90  facility will be located supports the application for state
   91  funds. Such support must be verified by the adoption of a
   92  resolution after a public hearing that the project serves a
   93  public purpose.
   94         b. If the unit of local government is required to pass a
   95  resolution by a majority plus one vote by the local government’s
   96  governing body and to hold a referendum for approval pursuant to
   97  s. 125.0104(3)(n)2., such resolution and referendum must
   98  affirmatively pass for the applicant to receive state funding
   99  under this section.
  100         6. The applicant or beneficiary has not previously
  101  defaulted or failed to meet any statutory requirements of a
  102  previous state-administered sports-related program under s.
  103  288.1162, s. 288.11621, or s. 288.1168.
  104         7. The applicant or beneficiary has sufficiently
  105  demonstrated a commitment to employ residents of this state,
  106  contract with Florida-based firms, and purchase locally
  107  available building materials to the greatest extent possible.
  108         8. If the applicant is a unit of local government, the
  109  applicant has a certified copy of a signed agreement with a
  110  beneficiary for the use of the facility. If the applicant is a
  111  beneficiary, the beneficiary must enter into an agreement with
  112  the department. The applicant’s or beneficiary’s agreement must
  113  also require the following:
  114         a. The beneficiary must reimburse the state for state funds
  115  that have been distributed and will be distributed if the
  116  beneficiary relocates before the agreement expires.
  117         b. The beneficiary must pay for signage or advertising
  118  within the facility. The signage or advertising must be placed
  119  in a prominent location as close to the field of play or
  120  competition as is practical, displayed consistent with signage
  121  or advertising in the same location and like value, and must
  122  feature Florida advertising approved by the Florida Tourism
  123  Industry Marketing Corporation.
  124         9. The project will commence within 12 months after
  125  receiving state funds.
  126         (b) The department shall competitively evaluate and rank
  127  applicants that submit applications for state funding which are
  128  received during the application period using the following
  129  criteria to evaluate the applicant’s ability to positively
  130  impact the state:
  131         1. The proposed use of state funds.
  132         2. The length of time that a beneficiary has agreed to use
  133  the facility.
  134         3. The percentage of total project funds provided by the
  135  applicant and the percentage of total project funds provided by
  136  the beneficiary.
  137         4. The number and type of signature events the facility is
  138  likely to attract during the duration of the agreement with the
  139  beneficiary.
  140         5. The anticipated increase in average annual ticket sales
  141  and attendance at the facility due to the project.
  142         6. The potential to attract out-of-state visitors to the
  143  facility.
  144         7. The length of time a beneficiary has been in the state
  145  or partnered with the unit of local government.
  146         8. The multiuse capabilities of the facility.
  147         9. The facility’s projected employment of residents of this
  148  state, contracts with Florida-based firms, and purchases of
  149  locally available building materials.
  150         10. The amount of private and local financial or in-kind
  151  contributions to the project.
  152         11. The amount of positive advertising or media coverage
  153  the facility generates.
  154         (6) DISTRIBUTION.—
  155         (a) The department shall determine the annual distribution
  156  amount an applicant may receive based on the total cost of the
  157  project.
  158         1. If the total project cost is $200 million or greater,
  159  the applicant is eligible to receive annual distributions equal
  160  to the new incremental state sales taxes generated by sales at
  161  the facility during 12 months as provided under paragraph (b)2.,
  162  up to $3 million.
  163         2. If the total project cost is at least $100 million but
  164  less than $200 million, the applicant is eligible to receive
  165  annual distributions equal to the new incremental state sales
  166  taxes generated by sales at the facility during 12 months as
  167  provided under paragraph (b)2., up to $2 million.
  168         3. If the total project cost is less than $100 million, the
  169  applicant is eligible to receive annual distributions equal to
  170  the new incremental state sales taxes generated by sales at the
  171  facility during 12 months as provided under paragraph (b)2., up
  172  to $666,660.
  173         4. If the total project cost is at least $100 million but
  174  less than $200 million and the facility is publicly owned and
  175  located in a county that operates under a consolidated
  176  government, the applicant is eligible to receive a sales tax
  177  rebate equal to $2 million annually if sales tax growth has
  178  averaged a minimum of 3 percent annually in the 15 years prior
  179  to application and an independent analysis projects an average
  180  annual growth of at least 3 percent annually going forward.
  181         (b) At the time of initial evaluation and review by the
  182  department pursuant to subsection (5), the applicant must
  183  provide an analysis by an independent certified public
  184  accountant which demonstrates:
  185         1. The amount of state sales taxes generated by sales at
  186  the facility during the 12-month period immediately prior to the
  187  beginning of the application period. This amount is the
  188  baseline.
  189         2. Notwithstanding the provisions of subparagraph (a)4.,
  190  the expected amount of new incremental state sales taxes
  191  generated by sales at the facility above the baseline which will
  192  be generated as a result of the project.
  193         (c) The independent analysis provided in paragraph (b) must
  194  be verified by the department.
  195         (d) The Department of Revenue shall begin distributions
  196  within 45 days after notification of initial certification from
  197  the department.
  198         (e) Notwithstanding the provisions of subparagraph (a)4.,
  199  the department must consult with the Department of Revenue and
  200  the Office of Economic and Demographic Research to develop a
  201  standard calculation for estimating new incremental state sales
  202  taxes generated by sales at the facility and adjustments to
  203  distributions.
  204         (f) In any 12-month period when total distributions for all
  205  certified applicants equal $13 million, the department may not
  206  certify new distributions for any additional applicants.
  207         (7) CONTRACT.—An applicant approved by the Legislature and
  208  certified by the department must enter into a contract with the
  209  department which:
  210         (a) Specifies the terms of the state’s investment.
  211         (b) States the criteria that the certified applicant must
  212  meet in order to remain certified.
  213         (c) Requires the applicant to submit the independent
  214  analysis required under subsection (6) and an annual independent
  215  analysis.
  216         1. Notwithstanding the provisions of subparagraph (6)(a)4.,
  217  the applicant must agree to submit to the department, beginning
  218  12 months after completion of a project or 12 months after the
  219  first four annual distributions, whichever is earlier, an annual
  220  analysis by an independent certified public accountant
  221  demonstrating the actual amount of new incremental state sales
  222  taxes generated by sales at the facility during the previous 12
  223  month period. The applicant shall certify to the department a
  224  comparison of the actual amount of state sales taxes generated
  225  by sales at the facility during the previous 12-month period to
  226  the baseline under subparagraph (6)(b)1.
  227         2. The applicant must submit the certification within 60
  228  days after the end of the previous 12-month period. The
  229  department shall verify the analysis.
  230         (d) Specifies information that the certified applicant must
  231  report to the department.
  232         (e) Notwithstanding the provisions of subparagraph
  233  (6)(a)4., requires the applicant to reimburse the state for the