Florida Senate - 2013                              CS for SB 306
       
       
       
       By the Committee on Appropriations; and Senators Braynon and
       Abruzzo
       
       
       
       576-02451-13                                           2013306c1
    1                        A bill to be entitled                      
    2         An act relating to economic development; amending s.
    3         125.0104, F.S.; providing that tourist development tax
    4         revenues may also be used to pay the debt service on
    5         bonds that finance the renovation of a professional
    6         sports facility that is publicly owned, or that is on
    7         publicly owned land, which is publicly operated or
    8         operated by the owner of a professional sports
    9         franchise or other lessee; requiring that the
   10         renovation costs exceed a specified amount; allowing
   11         certain fees and costs to be included in the cost for
   12         renovation; requiring private contributions to the
   13         professional sports facility as a condition for the
   14         use of tourist development taxes; authorizing the use
   15         of certain tax revenues to pay for operation and
   16         maintenance costs of the renovated facility; requiring
   17         a majority-plus-one vote of the membership of the
   18         board of county commissioners to levy a tax for
   19         renovation of a sports franchise facility after
   20         approval by a majority of the electors voting in a
   21         referendum to approve the proposal; authorizing the
   22         referendum to be held before or after the effective
   23         date of this act; providing requirements for the
   24         referendum ballot; providing for nonapplication of the
   25         prohibition against levying such tax in certain cities
   26         and towns under certain conditions; restricting
   27         certain counties from levying the tax; providing for
   28         controlling application notwithstanding conflicting
   29         provisions; authorizing the use of tourist development
   30         tax revenues for financing the renovation of a
   31         professional sports franchise facility; amending s.
   32         212.20, F.S.; authorizing a tax rebate for a renovated
   33         professional sports facility; conforming a cross
   34         reference; amending s. 218.64, F.S.; conforming a
   35         cross-reference; amending s. 220.153, F.S.; conforming
   36         a cross-reference; repealing s. 220.62(3) and (5),
   37         F.S., relating to the definition of the terms
   38         “international banking facility” and “foreign person”
   39         in the income tax code; repealing s. 220.63(5), F.S.,
   40         relating to an income tax deduction for international
   41         banking facilities; providing retroactive
   42         applicability and effect of certain provisions of the
   43         act; amending s. 288.1162, F.S.; authorizing a
   44         professional sports franchise renovation facility to
   45         apply for certain state funds; defining the term
   46         “professional sports franchise renovation facility”;
   47         authorizing a professional sports franchise renovation
   48         facility to receive additional funding; requiring the
   49         Department of Economic Opportunity to make a
   50         determination that certain criteria are met before
   51         certifying a professional sports franchise renovation
   52         facility; limiting the use of certain funds by a
   53         professional sports franchise renovation facility;
   54         prohibiting the department from certifying more than
   55         one professional sports franchise renovation facility;
   56         clarifying that the limitations for certification
   57         apply to new or retained professional sports franchise
   58         facilities; amending s. 288.11621, F.S.; conforming a
   59         cross-reference; providing an effective date.
   60  
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Paragraph (n) of subsection (3) and paragraph
   64  (a) of subsection (5) of section 125.0104, Florida Statutes, are
   65  amended to read:
   66         125.0104 Tourist development tax; procedure for levying;
   67  authorized uses; referendum; enforcement.—
   68         (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.—
   69         (n) In addition to any other tax that is imposed under this
   70  section, a county that has imposed the tax under paragraph (l)
   71  may impose an additional tax that is no greater than 1 percent
   72  on the exercise of the privilege described in paragraph (a) by a
   73  majority plus one vote of the membership of the board of county
   74  commissioners, or as otherwise provided in this paragraph, in
   75  order to:
   76         1. Pay the debt service on bonds issued to finance:
   77         a. The construction, reconstruction, or renovation of a
   78  facility that is either publicly owned and operated, or is
   79  publicly owned and operated by the owner of a professional
   80  sports franchise or other lessee with sufficient expertise or
   81  financial capability to operate such facility, and to pay the
   82  planning and design costs incurred before prior to the issuance
   83  of such bonds for a new professional sports franchise as defined
   84  in s. 288.1162.
   85         b. The acquisition, construction, reconstruction, or
   86  renovation of a facility either publicly owned and operated, or
   87  publicly owned and operated by the owner of a professional
   88  sports franchise or other lessee with sufficient expertise or
   89  financial capability to operate such facility, and to pay the
   90  planning and design costs incurred before prior to the issuance
   91  of such bonds for a retained spring training franchise.
   92         2. Pay the debt service on bonds issued to finance the
   93  renovation of a professional sports franchise facility that is
   94  publicly owned or located on land that is publicly owned and
   95  that is publicly operated or operated by the owner of a
   96  professional sports franchise or other lessee who has sufficient
   97  expertise or financial capability to operate the facility, and
   98  to pay the planning and design costs incurred before the
   99  issuance of such bonds for the renovated professional sports
  100  facility. The cost to renovate the facility must be more than
  101  $300 million, including permitting, architectural, and
  102  engineering fees, and at least a majority of the total
  103  construction cost, exclusive of in-kind contributions, must be
  104  paid for by the ownership group of the professional sports
  105  franchise or other private sources. Tax revenues available to
  106  pay debt service on bonds may be used to pay for operation and
  107  maintenance costs of the facility. A county levying the tax for
  108  the purposes specified in this subparagraph may do so only by a
  109  majority-plus-one vote of the membership of the board of county
  110  commissioners and after approval of the proposal by a majority
  111  vote of the electors voting in a referendum. Referendum approval
  112  of the proposal may be in an election held before or after the
  113  effective date of this act. The referendum ballot must include a
  114  brief description of the proposal and the following question:
  115         FOR the Proposal
  116         AGAINST the Proposal
  117         3.2. Promote and advertise tourism in this the state of
  118  Florida and nationally and internationally; however, if tax
  119  revenues are expended for an activity, service, venue, or event,
  120  the activity, service, venue, or event must shall have as one of
  121  its main purposes the attraction of tourists as evidenced by the
  122  promotion of the activity, service, venue, or event to tourists.
  123  
  124  A county that imposes the tax authorized in this paragraph may
  125  not expend any ad valorem tax revenues for the acquisition,
  126  expansion, construction, reconstruction, or renovation of a
  127  facility for which tax revenues are used pursuant to
  128  subparagraph 1. The provision of paragraph (b) which prohibits
  129  any county authorized to levy a convention development tax
  130  pursuant to s. 212.0305 from levying more than the 2 percent 2
  131  percent tax authorized by this section does shall not apply to
  132  the additional tax authorized by this paragraph in counties that
  133  which levy convention development taxes pursuant to s.
  134  212.0305(4)(a) or (b). Subsection (4) does not apply to the
  135  adoption of the additional tax authorized in this paragraph. The
  136  effective date of the levy and imposition of the tax authorized
  137  under this paragraph is the first day of the second month
  138  following approval of the ordinance by the board of county
  139  commissioners or the first day of any subsequent month specified
  140  in the ordinance. A certified copy of such ordinance must shall
  141  be furnished by the county to the Department of Revenue within
  142  10 days after approval of the ordinance.
  143         (5) AUTHORIZED USES OF REVENUE.—
  144         (a) All tax revenues received pursuant to this section by a
  145  county imposing the tourist development tax must shall be used
  146  by that county for the following purposes only:
  147         1. To acquire, construct, extend, enlarge, remodel, repair,
  148  improve, maintain, operate, or promote one or more publicly
  149  owned and operated convention centers, sports stadiums, sports
  150  arenas, coliseums, auditoriums, aquariums, or museums that are
  151  publicly owned and operated or owned and operated by not-for
  152  profit organizations and open to the public, within the
  153  boundaries of the county or subcounty special taxing district in
  154  which the tax is levied. Tax revenues received pursuant to this
  155  section may also be used for promotion of zoological parks that
  156  are publicly owned and operated or owned and operated by not
  157  for-profit organizations and open to the public. However, these
  158  purposes may be implemented through service contracts and leases
  159  with lessees with sufficient expertise or financial capability
  160  to operate such facilities;
  161         2. To promote and advertise tourism in this the state of
  162  Florida and nationally and internationally; however, if tax
  163  revenues are expended for an activity, service, venue, or event,
  164  the activity, service, venue, or event must shall have as one of
  165  its main purposes the attraction of tourists as evidenced by the
  166  promotion of the activity, service, venue, or event to tourists;
  167         3. To fund convention bureaus, tourist bureaus, tourist
  168  information centers, and news bureaus as county agencies or by
  169  contract with the chambers of commerce or similar associations
  170  in the county, which may include any indirect administrative
  171  costs for services performed by the county on behalf of the
  172  promotion agency; or
  173         4. To finance beach park facilities or beach improvement,
  174  maintenance, renourishment, restoration, and erosion control,
  175  including shoreline protection, enhancement, cleanup, or
  176  restoration of inland lakes and rivers to which there is public
  177  access as those uses relate to the physical preservation of the
  178  beach, shoreline, or inland lake or river. However, any funds
  179  identified by a county as the local matching source for beach
  180  renourishment, restoration, or erosion control projects included
  181  in the long-range budget plan of the state’s Beach Management
  182  Plan, pursuant to s. 161.091, or funds contractually obligated
  183  by a county in the financial plan for a federally authorized
  184  shore protection project may not be used or loaned for any other
  185  purpose. In counties of less than 100,000 population, no more
  186  than 10 percent of the revenues from the tourist development tax
  187  may be used for beach park facilities; or.
  188         5. For other uses specifically allowed under subsection
  189  (3).
  190         Section 2. Paragraph (d) of subsection (6) of section
  191  212.20, Florida Statutes, is amended to read:
  192         212.20 Funds collected, disposition; additional powers of
  193  department; operational expense; refund of taxes adjudicated
  194  unconstitutionally collected.—
  195         (6) Distribution of all proceeds under this chapter and s.
  196  202.18(1)(b) and (2)(b) shall be as follows:
  197         (d) The proceeds of all other taxes and fees imposed
  198  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  199  and (2)(b) must shall be distributed as follows:
  200         1. In any fiscal year, the greater of $500 million, minus
  201  an amount equal to 4.6 percent of the proceeds of the taxes
  202  collected pursuant to chapter 201, or 5.2 percent of all other
  203  taxes and fees imposed pursuant to this chapter or remitted
  204  pursuant to s. 202.18(1)(b) and (2)(b) must shall be deposited
  205  in monthly installments into the General Revenue Fund.
  206         2. After the distribution under subparagraph 1., 8.814
  207  percent of the amount remitted by a sales tax dealer located
  208  within a participating county pursuant to s. 218.61 must shall
  209  be transferred into the Local Government Half-cent Sales Tax
  210  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
  211  transferred must shall be reduced by 0.1 percent, and the
  212  department shall distribute this amount to the Public Employees
  213  Relations Commission Trust Fund less $5,000 each month, which
  214  must shall be added to the amount calculated in subparagraph 3.
  215  and distributed accordingly.
  216         3. After the distribution under subparagraphs 1. and 2.,
  217  0.095 percent must shall be transferred to the Local Government
  218  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
  219  to s. 218.65.
  220         4. After the distributions under subparagraphs 1., 2., and
  221  3., 2.0440 percent of the available proceeds must shall be
  222  transferred monthly to the Revenue Sharing Trust Fund for
  223  Counties pursuant to s. 218.215.
  224         5. After the distributions under subparagraphs 1., 2., and
  225  3., 1.3409 percent of the available proceeds must shall be
  226  transferred monthly to the Revenue Sharing Trust Fund for
  227  Municipalities pursuant to s. 218.215. If the total revenue to
  228  be distributed pursuant to this subparagraph is at least as
  229  great as the amount due from the Revenue Sharing Trust Fund for
  230  Municipalities and the former Municipal Financial Assistance
  231  Trust Fund in state fiscal year 1999-2000, a no municipality may
  232  not shall receive less than the amount due from the Revenue
  233  Sharing Trust Fund for Municipalities and the former Municipal
  234  Financial Assistance Trust Fund in state fiscal year 1999-2000.
  235  If the total proceeds to be distributed are less than the amount
  236  received in combination from the Revenue Sharing Trust Fund for
  237  Municipalities and the former Municipal Financial Assistance
  238  Trust Fund in state fiscal year 1999-2000, each municipality
  239  shall receive an amount proportionate to the amount it was due
  240  in state fiscal year 1999-2000.
  241         6. Of the remaining proceeds:
  242         a. In each fiscal year, the sum of $29,915,500 must shall
  243  be divided into as many equal parts as there are counties in the
  244  state, and one part must shall be distributed to each county.
  245  The distribution among the several counties must begin each
  246  fiscal year on or before January 5th and continue monthly for a
  247  total of 4 months. If a local or special law required that any
  248  moneys accruing to a county in fiscal year 1999-2000 under the
  249  then-existing provisions of s. 550.135 be paid directly to the
  250  district school board, special district, or a municipal
  251  government, such payment must continue until the local or
  252  special law is amended or repealed. The state covenants with
  253  holders of bonds or other instruments of indebtedness issued by
  254  local governments, special districts, or district school boards
  255  before July 1, 2000, that it is not the intent of this
  256  subparagraph to adversely affect the rights of those holders or
  257  relieve local governments, special districts, or district school
  258  boards of the duty to meet their obligations as a result of
  259  previous pledges or assignments or trusts entered into which
  260  obligated funds received from the distribution to county
  261  governments under then-existing s. 550.135. This distribution
  262  specifically is in lieu of funds distributed under s. 550.135
  263  before July 1, 2000.
  264         b. The department shall, pursuant to s. 288.1162,
  265  distribute $166,667 monthly pursuant to s. 288.1162 to each
  266  applicant certified as a facility for a new or retained
  267  professional sports franchise and distribute $250,000 monthly to
  268  an applicant certified as a professional sports franchise
  269  renovation facility pursuant to s. 288.1162. Up to $41,667 must
  270  shall be distributed monthly by the department to each certified
  271  applicant as defined in s. 288.11621 for a facility for a spring
  272  training franchise. However, not more than $416,670 may be
  273  distributed monthly in the aggregate to all certified applicants
  274  for facilities for spring training franchises. Distributions
  275  begin 60 days after such certification and continue for not more
  276  than 30 years, except as otherwise provided in s. 288.11621. A
  277  certified applicant identified in this sub-subparagraph may not
  278  receive more in distributions than expended by the applicant for
  279  the public purposes provided for in s. 288.1162 288.1162(5) or
  280  s. 288.11621(3).
  281         c. Beginning 30 days after notice by the Department of
  282  Economic Opportunity to the Department of Revenue that an
  283  applicant has been certified as the professional golf hall of
  284  fame pursuant to s. 288.1168 and is open to the public, $166,667
  285  must shall be distributed monthly, for up to 300 months, to the
  286  applicant.
  287         d. Beginning 30 days after notice by the Department of
  288  Economic Opportunity to the Department of Revenue that the
  289  applicant has been certified as the International Game Fish
  290  Association World Center facility pursuant to s. 288.1169, and
  291  the facility is open to the public, $83,333 must shall be
  292  distributed monthly, for up to 168 months, to the applicant.
  293  This distribution is subject to reduction pursuant to s.
  294  288.1169. A lump sum payment of $999,996 must shall be made,
  295  after certification and before July 1, 2000.
  296         7. All other proceeds must remain in the General Revenue
  297  Fund.
  298         Section 3. Paragraph (a) of subsection (3) of section
  299  218.64, Florida Statutes, is amended to read:
  300         218.64 Local government half-cent sales tax; uses;
  301  limitations.—
  302         (3) Subject to ordinances enacted by the majority of the
  303  members of the county governing authority and by the majority of
  304  the members of the governing authorities of municipalities
  305  representing at least 50 percent of the municipal population of
  306  such county, counties may use up to $2 million annually of the
  307  local government half-cent sales tax allocated to that county
  308  for funding for any of the following applicants:
  309         (a) A certified applicant as a facility for a new or
  310  retained professional sports franchise under s. 288.1162 or a
  311  certified applicant as defined in s. 288.11621 for a facility
  312  for a spring training franchise. It is the Legislature’s intent
  313  that the provisions of s. 288.1162, including, but not limited
  314  to, the evaluation process by the Department of Economic
  315  Opportunity except for the limitation on the number of certified
  316  applicants or facilities as provided in that section and the
  317  restrictions set forth in s. 288.1162(9) 288.1162(8), shall
  318  apply to an applicant’s facility to be funded by local
  319  government as provided in this subsection.
  320         Section 4. Subsection (2) of section 220.153, Florida
  321  Statutes, is amended to read:
  322         220.153 Apportionment by sales factor.—
  323         (2) APPORTIONMENT OF TAXES; ELIGIBILITY.—A taxpayer, not
  324  including a financial organization as defined in s. 220.15(6) or
  325  a bank, savings association, international banking facility, or
  326  banking organization as defined in s. 220.62, doing business
  327  within and without this state, who applies and demonstrates to
  328  the Department of Economic Opportunity that, within a 2-year
  329  period beginning on or after July 1, 2011, it has made qualified
  330  capital expenditures equal to or exceeding $250 million may
  331  apportion its adjusted federal income solely by the sales factor
  332  set forth in s. 220.15(5), commencing in the taxable year that
  333  the Department of Economic Opportunity approves the application,
  334  but not before a taxable year that begins on or after January 1,
  335  2013. Once approved, a taxpayer may elect to apportion its
  336  adjusted federal income for any taxable year using the method
  337  provided under this section or the method provided under s.
  338  220.15.
  339         Section 5. Subsections (3) and (5) of section 220.62,
  340  Florida Statutes, are repealed.
  341         Section 6. Subsection (5) of section 220.63, Florida
  342  Statutes, is repealed.
  343         Section 7. Sections 4, 5, and 6 of this act are effective
  344  with respect to taxable years beginning on or after January 1,
  345  2013.
  346         Section 8. Section 288.1162, Florida Statutes, is amended
  347  to read:
  348         288.1162 Professional sports franchises; duties.—
  349         (1) The department shall serve as the state agency for
  350  screening applicants for state funding under s. 212.20 and for
  351  certifying an applicant as a facility for a new or retained
  352  professional sports franchise or a professional sports franchise
  353  renovation facility.
  354         (2) The department shall develop rules for the receipt and
  355  processing of applications for funding under s. 212.20.
  356         (3) As used in this section, the term:
  357         (a) “New professional sports franchise” means a
  358  professional sports franchise that was not based in this state
  359  before April 1, 1987.
  360         (b) “Professional sports franchise renovation facility”
  361  means a sports facility that has continuously been a league
  362  authorized location for a professional sports franchise for 20
  363  years or more and that otherwise meets the requirements for
  364  certification of such a facility pursuant to this section.
  365         (c)(b) “Retained professional sports franchise” means a
  366  professional sports franchise that has had a league-authorized
  367  location in this state on or before December 31, 1976, and has
  368  continuously remained at that location, and has never been
  369  located at a facility that has been previously certified under
  370  any provision of this section.
  371         (4) Before certifying an applicant as a facility for a new
  372  or retained professional sports franchise, the department must
  373  determine that:
  374         (a) A “unit of local government” as defined in s. 218.369
  375  is responsible for the construction, management, or operation of
  376  the professional sports franchise facility or holds title to the
  377  property on which the professional sports franchise facility is
  378  located.
  379         (b) The applicant has a verified copy of a signed agreement
  380  with a new professional sports franchise for the use of the
  381  facility for a term of at least 10 years, or in the case of a
  382  retained professional sports franchise, an agreement for use of
  383  the facility for a term of at least 20 years.
  384         (c) The applicant has a verified copy of the approval from
  385  the governing authority of the league in which the new
  386  professional sports franchise exists authorizing the location of
  387  the professional sports franchise in this state after April 1,
  388  1987, or in the case of a retained professional sports
  389  franchise, verified evidence that it has had a league-authorized
  390  location in this state on or before December 31, 1976. As used
  391  in this section, the term “league” means the National League or
  392  the American League of Major League Baseball, the National
  393  Basketball Association, the National Football League, or the
  394  National Hockey League.
  395         (d) The applicant has projections, verified by the
  396  department, which demonstrate that the new or retained
  397  professional sports franchise will attract a paid attendance of
  398  more than 300,000 annually.
  399         (e) The applicant has an independent analysis or study,
  400  verified by the department, which demonstrates that the amount
  401  of the revenues generated by the taxes imposed under chapter 212
  402  with respect to the use and operation of the professional sports
  403  franchise facility will equal or exceed $2 million annually.
  404         (f) The municipality in which the facility for a new or
  405  retained professional sports franchise is located, or the county
  406  if the facility for a new or retained professional sports
  407  franchise is located in an unincorporated area, has certified by
  408  resolution after a public hearing that the application serves a
  409  public purpose.
  410         (g) The applicant has demonstrated that it has provided, is
  411  capable of providing, or has financial or other commitments to
  412  provide more than one-half of the costs incurred or related to
  413  the improvement and development of the facility.
  414         (h) An applicant previously certified as a new or retained
  415  professional sports facility under any provision of this section
  416  who has received funding under such certification is not
  417  eligible for an additional certification except as a
  418  professional sports franchise renovation facility.
  419         (5) Before certifying an applicant as a professional sports
  420  franchise renovation facility, the department shall determine
  421  that the following requirements are met:
  422         (a)A county, municipality, or other public entity is
  423  responsible for the construction, management, or operation of
  424  the professional sports franchise facility or holds title to the
  425  property on which the professional sports franchise facility is
  426  located.
  427         (b)The applicant has a verified copy of a signed agreement
  428  with a professional sports franchise for the use of the facility
  429  for a term of at least the next 20 years.
  430         (c)The applicant has an independent analysis or study,
  431  verified by the department, which demonstrates that the amount
  432  of the revenues generated by the taxes imposed under chapter 212
  433  with respect to the use and operation of the renovated
  434  professional sports franchise facility will equal or exceed $3
  435  million annually.
  436         (d)The county or municipality in which the professional
  437  sports franchise renovation facility is located has certified by
  438  resolution after a public hearing that the application serves a
  439  public purpose.
  440         (e)The applicant has demonstrated that the cost to
  441  renovate the facility will be more than $300 million, including
  442  permitting, architectural, and engineering fees, and that at
  443  least a majority of the total construction cost, exclusive of
  444  in-kind contributions, will be paid for by the ownership group
  445  of the professional sports franchise or other private sources.
  446         (6)(5) An applicant certified as a facility for a new or
  447  retained professional sports franchise may use funds provided
  448  under s. 212.20 only for the public purpose of paying for the
  449  acquisition, construction, reconstruction, or renovation of a
  450  facility for a new or retained professional sports franchise to
  451  pay or pledge for the payment of debt service on, or to fund
  452  debt service reserve funds, arbitrage rebate obligations, or
  453  other amounts payable with respect to, bonds issued for the
  454  acquisition, construction, reconstruction, or renovation of such
  455  facility or for the reimbursement of such costs or the
  456  refinancing of bonds issued for such purposes. An applicant
  457  certified as a professional sports franchise renovation facility
  458  may use funds provided under s. 212.20 only for the public
  459  purpose of renovating the facility to pay or pledge for the debt
  460  service on, or to fund debt service reserve funds, arbitrage
  461  rebate obligations, or other amounts payable with respect to
  462  bonds issued for the renovation of the facility or for the
  463  reimbursement of the costs or the refinancing of bonds issued
  464  for that purpose.
  465         (7)(6) The department shall notify the Department of
  466  Revenue of any facility certified as a facility qualified
  467  pursuant to this section for a new or retained professional
  468  sports franchise. The department shall certify no more than
  469  eight facilities as facilities for a new professional sports
  470  franchise or as facilities for a retained professional sports
  471  franchise, including in the total any facilities certified by
  472  the former Department of Commerce before July 1, 1996. The
  473  department may not certify more than one facility as a
  474  professional sports franchise renovation may make no more than
  475  one certification for any facility.
  476         (8)(7) The Auditor General may conduct audits as provided
  477  in s. 11.45 to verify that the distributions under this section
  478  are expended as required in this section. If the Auditor General
  479  determines that the distributions under this section are not
  480  expended as required by this section, the Auditor General shall
  481  notify the Department of Revenue, which may pursue recovery of
  482  the funds under the laws and rules governing the assessment of
  483  taxes.
  484         (9)(8)For new or retained professional sport franchise
  485  facilities, an applicant is not qualified for certification
  486  under this section if the franchise formed the basis for a
  487  previous certification, unless the previous certification was
  488  withdrawn by the facility or invalidated by the department or
  489  the former Department of Commerce before any funds were
  490  distributed under s. 212.20. This subsection does not disqualify
  491  an applicant if the previous certification occurred between May
  492  23, 1993, and May 25, 1993; however, any funds to be distributed
  493  under s. 212.20 for the second certification must shall be
  494  offset by the amount distributed to the previous certified
  495  facility. Distribution of funds for the second certification may
  496  shall not be made until all amounts payable for the first
  497  certification are distributed.
  498         Section 9. Paragraph (c) of subsection (1) of section
  499  288.11621, Florida Statutes, is amended to read:
  500         288.11621 Spring training baseball franchises.—
  501         (1) DEFINITIONS.—As used in this section, the term:
  502         (c) “Certified applicant” means a facility for a spring
  503  training franchise that was certified before July 1, 2010, under
  504  s. 288.1162 288.1162(5), Florida Statutes 2009, or a unit of
  505  local government that is certified under this section.
  506         Section 10. This act shall take effect July 1, 2013.