Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 406
       
       
       
       
       
       
                                Barcode 237586                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/15/2013           .                                
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       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Stargel, Latvala, and Simpson) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 264 and 265
    4  insert:
    5         Section 3. Paragraph (d) of subsection (6) of section
    6  212.20, Florida Statutes, is amended to read:
    7         212.20 Funds collected, disposition; additional powers of
    8  department; operational expense; refund of taxes adjudicated
    9  unconstitutionally collected.—
   10         (6) Distribution of all proceeds under this chapter and s.
   11  202.18(1)(b) and (2)(b) shall be as follows:
   12         (d) The proceeds of all other taxes and fees imposed
   13  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
   14  and (2)(b) shall be distributed as follows:
   15         1. In any fiscal year, the greater of $500 million, minus
   16  an amount equal to 4.6 percent of the proceeds of the taxes
   17  collected pursuant to chapter 201, or 5.2 percent of all other
   18  taxes and fees imposed pursuant to this chapter or remitted
   19  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
   20  monthly installments into the General Revenue Fund.
   21         2. After the distribution under subparagraph 1., 8.814
   22  percent of the amount remitted by a sales tax dealer located
   23  within a participating county pursuant to s. 218.61 shall be
   24  transferred into the Local Government Half-cent Sales Tax
   25  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
   26  transferred shall be reduced by 0.1 percent, and the department
   27  shall distribute this amount to the Public Employees Relations
   28  Commission Trust Fund less $5,000 each month, which shall be
   29  added to the amount calculated in subparagraph 3. and
   30  distributed accordingly.
   31         3. After the distribution under subparagraphs 1. and 2.,
   32  0.095 percent shall be transferred to the Local Government Half
   33  cent Sales Tax Clearing Trust Fund and distributed pursuant to
   34  s. 218.65.
   35         4. After the distributions under subparagraphs 1., 2., and
   36  3., 2.0440 percent of the available proceeds shall be
   37  transferred monthly to the Revenue Sharing Trust Fund for
   38  Counties pursuant to s. 218.215.
   39         5. After the distributions under subparagraphs 1., 2., and
   40  3., 1.3409 percent of the available proceeds shall be
   41  transferred monthly to the Revenue Sharing Trust Fund for
   42  Municipalities pursuant to s. 218.215. If the total revenue to
   43  be distributed pursuant to this subparagraph is at least as
   44  great as the amount due from the Revenue Sharing Trust Fund for
   45  Municipalities and the former Municipal Financial Assistance
   46  Trust Fund in state fiscal year 1999-2000, no municipality shall
   47  receive less than the amount due from the Revenue Sharing Trust
   48  Fund for Municipalities and the former Municipal Financial
   49  Assistance Trust Fund in state fiscal year 1999-2000. If the
   50  total proceeds to be distributed are less than the amount
   51  received in combination from the Revenue Sharing Trust Fund for
   52  Municipalities and the former Municipal Financial Assistance
   53  Trust Fund in state fiscal year 1999-2000, each municipality
   54  shall receive an amount proportionate to the amount it was due
   55  in state fiscal year 1999-2000.
   56         6. Of the remaining proceeds:
   57         a. In each fiscal year, the sum of $29,915,500 shall be
   58  divided into as many equal parts as there are counties in the
   59  state, and one part shall be distributed to each county. The
   60  distribution among the several counties must begin each fiscal
   61  year on or before January 5th and continue monthly for a total
   62  of 4 months. If a local or special law required that any moneys
   63  accruing to a county in fiscal year 1999-2000 under the then
   64  existing provisions of s. 550.135 be paid directly to the
   65  district school board, special district, or a municipal
   66  government, such payment must continue until the local or
   67  special law is amended or repealed. The state covenants with
   68  holders of bonds or other instruments of indebtedness issued by
   69  local governments, special districts, or district school boards
   70  before July 1, 2000, that it is not the intent of this
   71  subparagraph to adversely affect the rights of those holders or
   72  relieve local governments, special districts, or district school
   73  boards of the duty to meet their obligations as a result of
   74  previous pledges or assignments or trusts entered into which
   75  obligated funds received from the distribution to county
   76  governments under then-existing s. 550.135. This distribution
   77  specifically is in lieu of funds distributed under s. 550.135
   78  before July 1, 2000.
   79         b. The department shall distribute $166,667 monthly
   80  pursuant to s. 288.1162 to each applicant certified as a
   81  facility for a new or retained professional sports franchise
   82  pursuant to s. 288.1162. Up to $41,667 shall be distributed
   83  monthly by the department to each certified applicant as defined
   84  in s. 288.11621 for a facility for a spring training franchise.
   85  However, not more than $416,670 may be distributed monthly in
   86  the aggregate to all certified applicants for facilities for
   87  spring training franchises. Distributions begin 60 days after
   88  such certification and continue for not more than 30 years,
   89  except as otherwise provided in s. 288.11621. A certified
   90  applicant identified in this sub-subparagraph may not receive
   91  more in distributions than expended by the applicant for the
   92  public purposes provided for in s. 288.1162(5) or s.
   93  288.11621(3).
   94         c. Beginning 30 days after notice by the Department of
   95  Economic Opportunity to the Department of Revenue that an
   96  applicant has been certified as the professional golf hall of
   97  fame pursuant to s. 288.1168 and is open to the public, $166,667
   98  shall be distributed monthly, for up to 300 months, to the
   99  applicant.
  100         d. Beginning 30 days after notice by the Department of
  101  Economic Opportunity to the Department of Revenue that the
  102  applicant has been certified as the International Game Fish
  103  Association World Center facility pursuant to s. 288.1169, and
  104  the facility is open to the public, $83,333 shall be distributed
  105  monthly, for up to 168 months, to the applicant. This
  106  distribution is subject to reduction pursuant to s. 288.1169. A
  107  lump sum payment of $999,996 shall be made, after certification
  108  and before July 1, 2000.
  109         e. The department shall distribute up to $55,555 monthly to
  110  each certified applicant as defined in s. 288.11631 for a
  111  facility used by a single spring training franchise, or up to
  112  $111,110 monthly to each certified applicant for a facility used
  113  by more than one spring training franchise. Distributions begin
  114  60 days after such certification and continue for fewer than 30
  115  years, except as otherwise provided in s. 288.11631. A certified
  116  applicant identified in this sub-subparagraph may not receive
  117  more in distributions than expended by the applicant for the
  118  public purposes provided in s. 288.11631(3).
  119         7. All other proceeds must remain in the General Revenue
  120  Fund.
  121         Section 4. Section 288.11631, Florida Statutes, is created
  122  to read:
  123         288.11631Retention of Major League Baseball spring
  124  training baseball franchises.—
  125         (1)DEFINITIONS.—As used in this section, the term:
  126         (a)“Agreement” means a certified, signed lease between an
  127  applicant that applies for certification on or after July 1,
  128  2013, and a spring training franchise for the use of a facility.
  129         (b)“Applicant” means a unit of local government as defined
  130  in s. 218.369, including a local government located in the same
  131  county, which has partnered with a certified applicant before
  132  the effective date of this section or with an applicant for a
  133  new certification, for purposes of sharing in the
  134  responsibilities of a facility.
  135         (c)“Certified applicant” means a facility for a spring
  136  training franchise or a unit of local government that is
  137  certified under this section.
  138         (d)“Facility” means a spring training stadium, playing
  139  fields, and appurtenances intended to support spring training
  140  activities.
  141         (e)“Local funds” and “local matching funds” mean funds
  142  provided by a county, municipality, or other local government.
  143         (2)CERTIFICATION PROCESS.—
  144         (a)Before certifying an applicant to receive state funding
  145  for a facility for a spring training franchise, the department
  146  must verify that:
  147         1.The applicant is responsible for the construction or
  148  renovation of the facility for a spring training franchise or
  149  holds title to the property on which the facility for a spring
  150  training franchise is located.
  151         2.The applicant has a certified copy of a signed agreement
  152  with a spring training franchise. The signed agreement with a
  153  spring training franchise for the use of a facility must, at a
  154  minimum, be equal to the length of the term of the bonds issued
  155  for the public purpose of constructing or renovating a facility
  156  for a spring training franchise. If no such bonds are issued for
  157  the public purpose of constructing or renovating a facility for
  158  a spring training franchise, the signed agreement with a spring
  159  training franchise for the use of a facility must be for at
  160  least 20 years. Any such agreement with a spring training
  161  franchise for the use of a facility cannot be signed more than 3
  162  years before the expiration of any existing agreement with a
  163  spring training franchise for the use of a facility. The
  164  agreement must also require the franchise to reimburse the state
  165  for state funds expended by an applicant under this section if
  166  the franchise relocates before the agreement expires. The
  167  agreement may be contingent on an award of funds under this
  168  section and other conditions precedent.
  169         3.The applicant has made a financial commitment to provide
  170  50 percent or more of the funds required by an agreement for the
  171  construction or renovation of the facility for a spring training
  172  franchise. The commitment may be contingent upon an award of
  173  funds under this section and other conditions precedent.
  174         4.The applicant demonstrates that the facility for a
  175  spring training franchise will attract a paid attendance of at
  176  least 50,000 persons annually to the spring training games.
  177         5.The facility for a spring training franchise is located
  178  in a county that levies a tourist development tax under s.
  179  125.0104.
  180         (b)The department shall evaluate applications for state
  181  funding of the construction or renovation of the facility for a
  182  spring training franchise. The evaluation criteria must include
  183  the following items:
  184         1.The anticipated effect on the economy of the local
  185  community where the facility is to be constructed or renovated,
  186  including projections on paid attendance, local and state tax
  187  collections generated by spring training games, and direct and
  188  indirect job creation resulting from the spring training
  189  activities.
  190         2.The amount of the local matching funds committed to a
  191  facility relative to the amount of state funding sought.
  192         3.The potential for the facility to be used as a multiple
  193  purpose, year-round facility.
  194         4.The intended use of the funds by the applicant.
  195         5.The length of time that a spring training franchise has
  196  been under an agreement to conduct spring training activities
  197  within an applicant’s geographic location or jurisdiction.
  198         6.The length of time that an applicant’s facility has been
  199  used by one or more spring training franchises, including
  200  continuous use as facilities for spring training.
  201         7.The term remaining on a lease between an applicant and a
  202  spring training franchise for a facility.
  203         8.The length of time that a spring training franchise
  204  agrees to use an applicant’s facility if an application is
  205  granted under this section.
  206         9. The location of the facility in a brownfield, an
  207  enterprise zone, a community redevelopment area, or other area
  208  of targeted development or revitalization included in an urban
  209  infill redevelopment plan.
  210         (c)Each applicant certified on or after July 1, 2013,
  211  shall enter into an agreement with the department which:
  212         1.Specifies the amount of the state incentive funding to
  213  be distributed. The amount of state incentive funding per
  214  certified applicant may not exceed $20 million. However, if a
  215  certified applicant has more than one spring training franchise,
  216  the maximum amount may not exceed $40 million.
  217         2.States the criteria that the certified applicant must
  218  meet in order to remain certified. These criteria must include a
  219  provision stating that the spring training franchise must
  220  reimburse the state for any funds received if the franchise does
  221  not comply with the terms of the contract.
  222         3.States that the certified applicant is subject to
  223  decertification if the certified applicant fails to comply with
  224  this section or the agreement.
  225         4.States that the department may recover state incentive
  226  funds if the certified applicant is decertified.
  227         5.Specifies the information that the certified applicant
  228  must report to the department.
  229         6.Includes any provision deemed prudent by the department.
  230         (3)USE OF FUNDS.—
  231         (a)A certified applicant may use funds provided under s.
  232  212.20(6)(d)6.e. only to:
  233         1.Serve the public purpose of constructing or renovating a
  234  facility for a spring training franchise.
  235         2.Pay or pledge for the payment of debt service on, or to
  236  fund debt service reserve funds, arbitrage rebate obligations,
  237  or other amounts payable with respect thereto, bonds issued for
  238  the construction or renovation of such facility, or for the
  239  reimbursement of such costs or the refinancing of bonds issued
  240  for such purposes.
  241         (b)State funds awarded to a certified applicant for a
  242  facility for a spring training franchise may not be used to
  243  subsidize facilities that are privately owned by, maintained by,
  244  and used exclusively by a spring training franchise.
  245         (c) The Department of Revenue may not distribute funds to
  246  an applicant certified on or after July 1, 2013, until it
  247  receives notice from the department that the certified applicant
  248  has encumbered funds under subparagraph (a)2.
  249         (d)1.All certified applicants shall place unexpended state
  250  funds received pursuant to s. 212.20(6)(d)6.e. in a trust fund
  251  or separate account for use only as authorized in this section.
  252         2.A certified applicant may request that the Department of
  253  Revenue suspend further distributions of state funds made
  254  available under s. 212.20(6)(d)6.e. for 12 months after
  255  expiration of an existing agreement with a spring training
  256  franchise to provide the certified applicant with an opportunity
  257  to enter into a new agreement with a spring training franchise,
  258  at which time the distributions shall resume.
  259         3.The expenditure of state funds distributed to an
  260  applicant certified after July 1, 2013, must begin within 48
  261  months after the initial receipt of the state funds. In
  262  addition, the construction or renovation of a spring training
  263  facility must be completed within 24 months after the project’s
  264  commencement.
  265         (4)ANNUAL REPORTS.—
  266         (a) On or before September 1 of each year, a certified
  267  applicant shall submit to the department a report that includes,
  268  but is not limited to:
  269         1.A detailed accounting of all local and state funds
  270  expended to date on the project financed under this section.
  271         2.A copy of the contract between the certified local
  272  governmental entity and the spring training franchise.
  273         3.A cost-benefit analysis of the team’s impact on the
  274  community.
  275         4.Evidence that the certified applicant continues to meet
  276  the criteria in effect when the applicant was certified.
  277         (b) The department shall compile the information received
  278  from each certified applicant and publish the information
  279  annually by November 1.
  280         (5)DECERTIFICATION.—
  281         (a)The department shall decertify a certified applicant
  282  upon the request of the certified applicant.
  283         (b)The department shall decertify a certified applicant if
  284  the certified applicant does not:
  285         1.Have a valid agreement with a spring training franchise;
  286  or
  287         2.Satisfy its commitment to provide local matching funds
  288  to the facility.
  289  
  290  However, decertification proceedings against a local government
  291  certified after July 1, 2013, shall be delayed until 12 months
  292  after the expiration of the local government’s existing
  293  agreement with a spring training franchise, and without a new
  294  agreement being signed, if the certified local government can
  295  demonstrate to the department that it is in active negotiations
  296  with a major league spring training franchise, other than the
  297  franchise that was the basis for the original certification.
  298         (c)A certified applicant has 60 days after it receives a
  299  notice of intent to decertify from the department to petition
  300  for review of the decertification. Within 45 days after receipt
  301  of the request for review, the department must notify a
  302  certified applicant of the outcome of the review.
  303         (d)The department shall notify the Department of Revenue
  304  that a certified applicant has been decertified within 10 days
  305  after the order of decertification becomes final. The Department
  306  of Revenue shall immediately stop the payment of any funds under
  307  this section which were not encumbered by the certified
  308  applicant under subparagraph (3)(a)2.
  309         (e)The department shall order a decertified applicant to
  310  repay all of the unencumbered state funds that the applicant
  311  received under this section and any interest that accrued on
  312  those funds. The repayment must be made within 60 days after the
  313  decertification order becomes final. These funds shall be
  314  deposited into the General Revenue Fund.
  315         (f)A local government as defined in s. 218.369 may not be
  316  decertified by the department if it has paid or pledged for the
  317  payment of debt service on, or to fund debt service reserve
  318  funds, arbitrage rebate obligations, or other amounts payable
  319  with respect thereto, bonds issued for the construction or
  320  renovation of the facility for which the local government was
  321  certified, or for the reimbursement of such costs or the
  322  refinancing of bonds issued for the construction or renovation
  323  of the facility for which the local government was certified, or
  324  for the reimbursement of such costs or the refinancing of bonds
  325  issued for such purpose. This subsection does not preclude or
  326  restrict the ability of a certified local government to
  327  refinance, refund, or defease such bonds.
  328         (6) RULEMAKING.—The department shall adopt rules to
  329  implement the certification, decertification, and
  330  decertification review processes required by this section.
  331  (7)AUDITS.—The Auditor General may conduct audits as provided
  332  in s. 11.45 to verify that the distributions under this section
  333  are expended as required in this section. If the Auditor General
  334  determines that the distributions under this section are not
  335  expended as required by this section, the Auditor General shall
  336  notify the Department of Revenue, which may pursue recovery of
  337  the funds under the laws and rules governing the assessment of
  338  taxes.
  339  
  340  ================= T I T L E  A M E N D M E N T ================
  341         And the title is amended as follows:
  342         Delete line 26
  343  and insert:
  344         included; amending s. 212.20, F.S.; requiring the
  345         Department of Revenue to distribute a specified amount
  346         of money to certain applicants if a spring training
  347         franchise uses the applicant’s facility; specifying
  348         time periods and limitations on distributions;
  349         creating s. 288.11631, F.S.; providing definitions;
  350         establishing a certification process to retain spring
  351         training baseball franchises; authorizing and
  352         prohibiting certain uses of the awarded funds;
  353         requiring a certified applicant to submit an annual
  354         report and requiring the Department of Economic
  355         Opportunity to publish such information; providing for
  356         decertification of a certified applicant; requiring
  357         the department to adopt rules; authorizing the Auditor
  358         General to conduct audits; amending s. 220.194, F.S.;
  359         requiring the