Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1216
       
       
       
       
       
       
                                Ì213492+Î213492                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2014           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. 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 $83,333 $55,555
  110  monthly to each certified applicant as defined in s. 288.11631
  111  for a facility used by a single spring training franchise, or up
  112  to $166,667 $111,110 monthly to each certified applicant as
  113  defined in s. 288.11631 for a facility used by more than one
  114  spring training franchise. Monthly distributions begin 60 days
  115  after such certification or July 1, 2016, whichever is later,
  116  and continue for not more than 20 30 years to each certified
  117  applicant as defined in s. 288.11631 for a facility used by a
  118  single spring training franchise or not more than 25 years to
  119  each certified applicant as defined in s. 288.11631 for a
  120  facility used by more than one spring training franchise, except
  121  as otherwise provided in s. 288.11631. A certified applicant
  122  identified in this sub-subparagraph may not receive more in
  123  distributions than expended by the applicant for the public
  124  purposes provided in s. 288.11631(3).
  125         f. Beginning 45 days after notice by the Department of
  126  Economic Opportunity to the Department of Revenue that an
  127  applicant has been approved by the Legislature and certified by
  128  the Department of Economic Opportunity under s. 288.11625, the
  129  department shall distribute each month an amount equal to one
  130  twelfth of the annual distribution amount certified by the
  131  Department of Economic Opportunity for the applicant. The
  132  department may not distribute more than $13 million annually
  133  under this sub-subparagraph.
  134         7. All other proceeds must remain in the General Revenue
  135  Fund.
  136         Section 2. Subsections (2) and (3) of section 218.64,
  137  Florida Statutes, are amended to read:
  138         218.64 Local government half-cent sales tax; uses;
  139  limitations.—
  140         (2) Municipalities shall expend their portions of the local
  141  government half-cent sales tax only for municipality-wide
  142  programs, for reimbursing the state as required by a contract
  143  pursuant to s. 288.11625(7), or for municipality-wide property
  144  tax or municipal utility tax relief. All utility tax rate
  145  reductions afforded by participation in the local government
  146  half-cent sales tax shall be applied uniformly across all types
  147  of taxed utility services.
  148         (3) Subject to ordinances enacted by the majority of the
  149  members of the county governing authority and by the majority of
  150  the members of the governing authorities of municipalities
  151  representing at least 50 percent of the municipal population of
  152  such county, counties may use up to $3 $2 million annually of
  153  the local government half-cent sales tax allocated to that
  154  county for funding for any of the following purposes applicants:
  155         (a) Funding a certified applicant as a facility for a new
  156  or retained professional sports franchise under s. 288.1162 or a
  157  certified applicant as defined in s. 288.11621 for a facility
  158  for a spring training franchise. It is the Legislature’s intent
  159  that the provisions of s. 288.1162, including, but not limited
  160  to, the evaluation process by the Department of Economic
  161  Opportunity except for the limitation on the number of certified
  162  applicants or facilities as provided in that section and the
  163  restrictions set forth in s. 288.1162(8), shall apply to an
  164  applicant’s facility to be funded by local government as
  165  provided in this subsection.
  166         (b) Funding a certified applicant as a “motorsport
  167  entertainment complex,” as provided for in s. 288.1171. Funding
  168  for each franchise or motorsport complex shall begin 60 days
  169  after certification and shall continue for not more than 30
  170  years.
  171         (c) Reimbursing the state as required by a contract entered
  172  into under s. 288.11625(7).
  173         Section 3. Paragraph (d) is added to subsection (2) of
  174  section 288.0001, Florida Statutes, to read:
  175         288.0001 Economic Development Programs Evaluation.—The
  176  Office of Economic and Demographic Research and the Office of
  177  Program Policy Analysis and Government Accountability (OPPAGA)
  178  shall develop and present to the Governor, the President of the
  179  Senate, the Speaker of the House of Representatives, and the
  180  chairs of the legislative appropriations committees the Economic
  181  Development Programs Evaluation.
  182         (2) The Office of Economic and Demographic Research and
  183  OPPAGA shall provide a detailed analysis of economic development
  184  programs as provided in the following schedule:
  185         (d) Beginning January 1, 2018, and every 3 years
  186  thereafter, an analysis of the Sports Development Program
  187  established under s. 288.11625.
  188         Section 4. Section 288.11625, Florida Statutes, is created
  189  to read:
  190         288.11625 Sports development.—
  191         (1) ADMINISTRATION.—The department shall serve as the state
  192  agency responsible for screening applicants for state funding
  193  under s. 212.20(6)(d)6.f.
  194         (2) DEFINITIONS.—As used in this section, the term:
  195         (a) “Agreement” means a signed agreement between a unit of
  196  local government and a beneficiary.
  197         (b) “Applicant” means a unit of local government, as
  198  defined in s. 218.369, which is responsible for the
  199  construction, management, or operation of a facility; or an
  200  entity that is responsible for the construction, management, or
  201  operation of a facility if a unit of local government holds
  202  title to the underlying property on which the facility is
  203  located.
  204         (c) “Beneficiary” means a professional sports franchise of
  205  the National Football League, the National Hockey League, the
  206  National Basketball Association, the National League or American
  207  League of Major League Baseball, Major League Soccer, or the
  208  promoter of a signature event sanctioned by the National
  209  Association for Stock Car Auto Racing. A beneficiary may also be
  210  an applicant under this section.
  211         (d) “Facility” means a structure primarily used to host
  212  games or events held by a beneficiary and does not include any
  213  portion used to provide transient lodging.
  214         (e) “Project” means a proposed construction,
  215  reconstruction, renovation, or improvement of a facility or the
  216  proposed acquisition of land to construct a new facility and
  217  construction of improvements to state-owned land necessary for
  218  the efficient use of the facility.
  219         (f) “Signature event” means a professional sports event
  220  with significant export factor potential. For purposes of this
  221  paragraph, the term “export factor” means the attraction of
  222  economic activity or growth into the state which otherwise would
  223  not have occurred. Examples of signature events may include, but
  224  are not limited to:
  225         1. National Football League Super Bowls.
  226         2. Professional sports All-Star games.
  227         3. International sporting events and tournaments.
  228         4. Professional motorsports events.
  229         5. The establishment of a new professional sports franchise
  230  in this state.
  231         (g) “State sales taxes generated by sales at the facility”
  232  means state sales taxes imposed under chapter 212 generated by
  233  admissions to the facility or by sales made by vendors at the
  234  facility who are accessible only to persons attending events
  235  occurring at the facility.
  236         (3) PURPOSE.—The purpose of this section is to provide
  237  applicants state funding under s. 212.20(6)(d)6.f. for the
  238  public purpose of constructing, reconstructing, renovating, or
  239  improving a facility.
  240         (4) APPLICATION AND APPROVAL PROCESS.—
  241         (a) The department shall establish the procedures and
  242  application forms deemed necessary pursuant to the requirements
  243  of this section. The department may notify an applicant of any
  244  additional required or incomplete information necessary to
  245  evaluate an application.
  246         (b) The annual application period is from June 1 through
  247  November 1.
  248         (c) Within 60 days after receipt of a completed
  249  application, the department shall complete its evaluation of the
  250  application as provided under subsection (5) and notify the
  251  applicant in writing of the department’s decision to recommend
  252  approval of the applicant by the Legislature or to deny the
  253  application.
  254         (d) By each February 1, the department shall rank the
  255  applicants and provide to the Legislature the list of the
  256  recommended applicants in ranked order of projects most likely
  257  to positively impact the state based on criteria established
  258  under this section. The list must include the department’s
  259  evaluation of the applicant.
  260         (e) A recommended applicant’s request for funding must be
  261  approved by the Legislature by general law.
  262         1. An application by a unit of local government which is
  263  approved by the Legislature and subsequently certified by the
  264  department remains certified for the duration of the
  265  beneficiary’s agreement with the applicant or for 30 years,
  266  whichever is less, provided the certified applicant has an
  267  agreement with a beneficiary at the time of initial
  268  certification by the department.
  269         2. An application by a beneficiary or other applicant which
  270  is approved by the Legislature and subsequently certified by the
  271  department remains certified for the duration of the
  272  beneficiary’s agreement with the unit of local government that
  273  owns the underlying property or for 30 years, whichever is less,
  274  provided the certified applicant has an agreement with the unit
  275  of local government at the time of initial certification by the
  276  department.
  277         3. An applicant that is previously certified pursuant to
  278  this section does not need legislative approval each year to
  279  receive state funding.
  280         (f) An applicant that is recommended by the department but
  281  not approved by the Legislature may reapply and shall update any
  282  information in the original application as required by the
  283  department.
  284         (g) The department may recommend no more than one
  285  distribution under this section for any applicant, facility, or
  286  beneficiary at a time.
  287         (5) EVALUATION PROCESS.—
  288         (a) Before recommending an applicant to receive a state
  289  distribution under s. 212.20(6)(d)6.f., the department must
  290  verify that:
  291         1. The applicant or beneficiary is responsible for the
  292  construction, reconstruction, renovation, or improvement of a
  293  facility and obtained at least three bids for the project.
  294         2. If the applicant is not a unit of local government, a
  295  unit of local government holds title to the property on which
  296  the facility and project are located.
  297         3. If the applicant is a unit of local government in whose
  298  jurisdiction the facility will be located, the unit of local
  299  government has an exclusive intent agreement to negotiate in
  300  this state with the beneficiary.
  301         4. A unit of local government in whose jurisdiction the
  302  facility will be located supports the application for state
  303  funds. Such support must be verified by the adoption of a
  304  resolution, after a public hearing, that the project serves a
  305  public purpose.
  306         5. The applicant or beneficiary has not previously
  307  defaulted or failed to meet any statutory requirements of a
  308  previous state-administered sports-related program under s.
  309  288.1162, s. 288.11621, or s. 288.1168. Additionally, the
  310  applicant or beneficiary is not currently receiving state
  311  distributions under s. 212.20 or the facility that is the
  312  subject of the application is not the subject of a distribution
  313  under s. 212.20.
  314         6. The applicant or beneficiary has sufficiently
  315  demonstrated a commitment to employ residents of this state,
  316  contract with Florida-based firms, and purchase locally
  317  available building materials to the greatest extent possible.
  318         7. If the applicant is a unit of local government, the
  319  applicant has a certified copy of a signed agreement with a
  320  beneficiary for the use of the facility. If the applicant is a
  321  beneficiary, the beneficiary must enter into an agreement with
  322  the department. The applicant’s or beneficiary’s agreement must
  323  also require the following:
  324         a. The beneficiary must reimburse the state for state funds
  325  that have been distributed and will be distributed if the
  326  beneficiary relocates before the agreement expires.
  327         b. The beneficiary must pay for signage or advertising
  328  within the facility. The signage or advertising must be placed
  329  in a prominent location as close to the field of play or
  330  competition as is practicable, must be displayed consistent with
  331  signage or advertising in the same location and of like value,
  332  and must feature Florida advertising approved by the Florida
  333  Tourism Industry Marketing Corporation.
  334         8. The project will commence within 12 months after
  335  receiving state funds or did not commence more than 16 months
  336  before July 1, 2014.
  337         (b) The department shall competitively evaluate and rank
  338  applicants that timely submit applications for state funding
  339  based on their ability to positively impact the state using the
  340  following criteria:
  341         1. The proposed use of state funds.
  342         2. The length of time that a beneficiary has agreed to use
  343  the facility.
  344         3. The percentage of total project funds provided by the
  345  applicant and the percentage of total project funds provided by
  346  the beneficiary, with priority in the evaluation and ranking
  347  given to applications with 50 percent or more of total project
  348  funds provided by the applicant and beneficiary.
  349         4. The number and type of signature events the facility is
  350  likely to attract during the duration of the agreement with the
  351  beneficiary.
  352         5. The anticipated increase in average annual ticket sales
  353  and attendance at the facility due to the project.
  354         6. The potential to attract out-of-state visitors to the
  355  facility.
  356         7. The length of time a beneficiary has been in this state
  357  or partnered with the unit of local government. In order to
  358  encourage new franchises to locate in this state, an application
  359  for a new franchise shall be considered to have a significant
  360  positive impact on the state and shall be given priority in the
  361  evaluation and ranking by the department.
  362         8. The multiuse capabilities of the facility.
  363         9. The facility’s projected employment of residents of this
  364  state, contracts with Florida-based firms, and purchases of
  365  locally available building materials.
  366         10. The amount of private and local financial or in-kind
  367  contributions to the project.
  368         11. The amount of positive advertising or media coverage
  369  the facility generates.
  370         (6) DISTRIBUTION.—
  371         (a) The department shall determine the annual distribution
  372  amount an applicant may receive based on 80 percent of the
  373  average annual new incremental state sales taxes generated by
  374  sales at the facility as provided under subparagraph (b)2., up
  375  to $3 million.
  376         (b) At the time of initial evaluation and review by the
  377  department pursuant to subsection (5), the applicant must
  378  provide an analysis by an independent certified public
  379  accountant which demonstrates:
  380         1. The amount of state sales taxes generated by sales at
  381  the facility during the 12-month period immediately before the
  382  beginning of the application period. This amount is the
  383  baseline.
  384         2. The expected amount of average annual new incremental
  385  state sales taxes generated by sales at the facility above the
  386  baseline which will be generated as a result of the project.
  387         3. The expected amount of average annual new incremental
  388  state sales taxes generated by sales at the facility must be at
  389  least $500,000 above the baseline for the applicant to be
  390  eligible to receive a distribution under this section.
  391         (c) The independent analysis provided in paragraph (b)
  392  shall be verified by the department.
  393         (d) The Department of Revenue shall begin distributions
  394  within 45 days after notification of initial certification from
  395  the department.
  396         (e) The department shall consult with the Department of
  397  Revenue and the Office of Economic and Demographic Research to
  398  develop a standard calculation for estimating the average annual
  399  new incremental state sales taxes generated by sales at the
  400  facility.
  401         (f) In any 12-month period when total distributions for all
  402  certified applicants reach $13 million, the department may not
  403  certify new distributions for additional applicants.
  404         (7) CONTRACT.—An applicant approved by the Legislature and
  405  certified by the department must enter into a contract with the
  406  department which:
  407         (a) Specifies the terms of the state’s investment.
  408         (b) States the criteria that the certified applicant must
  409  meet in order to remain certified.
  410         (c) Requires the applicant to submit the independent
  411  analysis required under subsection (6) and an annual independent
  412  analysis.
  413         1. The applicant must agree to submit to the department,
  414  beginning 12 months after completion of a project or 12 months
  415  after the first four annual distributions, whichever is earlier,
  416  an annual analysis by an independent certified public accountant
  417  demonstrating the actual amount of new incremental state sales
  418  taxes generated by sales at the facility during the previous 12
  419  month period. The applicant shall certify to the department a
  420  comparison of the actual amount of state sales taxes generated
  421  by sales at the facility during the previous 12-month period to
  422  the baseline under subparagraph (6)(b)1.
  423         2. The applicant must submit the certification within 60
  424  days after the end of the previous 12-month period. The
  425  department shall verify the analysis.
  426         (d) Specifies information that the certified applicant must
  427  report to the department.
  428         (e) Requires the applicant to reimburse the state, after
  429  all distributions have been made, an amount equal to the
  430  difference between the actual new incremental state sales taxes
  431  generated by sales at the facility during the contract and total
  432  amount of distributions made under s. 212.20(6)(d)6.f. If any
  433  reimbursement is due to the state, such reimbursement must be
  434  made within 90 days after the last distribution under the
  435  contract has been made. If the applicant is unable or unwilling
  436  to reimburse the state in any year for such amount, the
  437  department may place a lien on the applicant’s facility.
  438         1. If the applicant is a municipality or county, it may
  439  reimburse the state from its half-cent sales tax allocation, as
  440  provided in s. 218.64(3).
  441         2. Reimbursements must be sent to the Department of Revenue
  442  for deposit into the General Revenue Fund.
  443         (f) Includes any provisions deemed prudent by the
  444  department.
  445         (8) USE OF FUNDS.—An applicant certified under this section
  446  may use state funds only for the following purposes:
  447         (a) Constructing, reconstructing, renovating, or improving
  448  a facility or reimbursing such costs.
  449         (b) Paying or pledging for the payment of debt service on
  450  bonds issued for the construction or renovation of such
  451  facility.
  452         (c) Funding debt service reserve funds, arbitrage rebate
  453  obligations, or other amounts payable with respect thereto on
  454  bonds issued for the construction or renovation of such
  455  facility.
  456         (d) Reimbursing the costs under paragraphs (b) and (c) or
  457  the refinancing of bonds issued for the construction or
  458  renovation of such facility.
  459         (9) REPORTS.—
  460         (a) On or before November 1 of each year, an applicant
  461  certified under this section and approved to receive state funds
  462  must submit to the department any information required by the
  463  department. The department shall summarize this information for
  464  inclusion in its annual report to the Legislature under
  465  paragraph (4)(d).
  466         (b) Every 5 years after an applicant receives its first
  467  monthly distribution, the department must verify that the
  468  applicant is meeting the program requirements. If the applicant
  469  fails to meet these requirements, the department shall notify
  470  the Governor and the Legislature in its next annual report under
  471  paragraph (4)(d) that the requirements are not being met and
  472  recommend future action. The department shall take into
  473  consideration extenuating circumstances that may have prevented
  474  the applicant from meeting the program requirements, such as
  475  force majeure events or a significant economic downturn.
  476         (10) AUDITS.—The Auditor General may conduct audits
  477  pursuant to s. 11.45 to verify the independent analysis required
  478  under paragraphs (6)(b) and (7)(c) and to verify that the
  479  distributions are expended as required. The Auditor General
  480  shall report the findings to the department. If the Auditor
  481  General determines that the distribution payments are not
  482  expended as required, the Auditor General must notify the
  483  Department of Revenue, which may pursue recovery of
  484  distributions under the laws and rules that govern the
  485  assessment of taxes.
  486         (11) REPAYMENT OF DISTRIBUTIONS.—An applicant that is
  487  certified under this section may be subject to repayment of
  488  distributions upon the occurrence of any of the following:
  489         (a) An applicant’s beneficiary has broken the terms of its
  490  agreement with the applicant and relocated from the facility.
  491  The beneficiary must reimburse the state for state funds that
  492  will be distributed if the beneficiary relocates before the
  493  agreement expires.
  494         (b) A determination by the department that an applicant has
  495  submitted information or made a representation that is
  496  determined to be false, misleading, deceptive, or otherwise
  497  untrue. The applicant must reimburse the state for state funds
  498  will be distributed if such determination is made.
  499         (c)Repayment of distributions must be sent to the
  500  Department of Revenue for deposit into the General Revenue Fund.
  501         (12) HALTING OF PAYMENTS.—The applicant may request in
  502  writing at least 20 days before the next monthly distribution
  503  that the department halt future payments. The department shall
  504  immediately notify the Department of Revenue to halt future
  505  payments.
  506         (13) RULEMAKING.—The department may adopt rules to
  507  implement this section.
  508         Section 5. Paragraphs (a) and (c) of subsection (2) of
  509  section 288.11631, Florida Statutes, are amended to read:
  510         288.11631 Retention of Major League Baseball spring
  511  training baseball franchises.—
  512         (2) CERTIFICATION PROCESS.—
  513         (a) Before certifying an applicant to receive state funding
  514  for a facility for a spring training franchise, the department
  515  must verify that:
  516         1. The applicant is responsible for the construction or
  517  renovation of the facility for a spring training franchise or
  518  holds title to the property on which the facility for a spring
  519  training franchise is located.
  520         2. The applicant has a certified copy of a signed agreement
  521  with a spring training franchise. The signed agreement with a
  522  spring training franchise for the use of a facility must, at a
  523  minimum, be equal to the length of the term of the bonds issued
  524  for the public purpose of constructing or renovating a facility
  525  for a spring training franchise. If no such bonds are issued for
  526  the public purpose of constructing or renovating a facility for
  527  a spring training franchise, the signed agreement with a spring
  528  training franchise for the use of a facility must be for at
  529  least 20 years. Any such agreement with a spring training
  530  franchise for the use of a facility cannot be signed more than 4
  531  years before the expiration of any existing agreement with a
  532  spring training franchise for the use of a facility. However,
  533  any such agreement may be signed at any time before the
  534  expiration of any existing agreement with a spring training
  535  franchise for use of a facility if the applicant has never
  536  received state funding for the facility as a spring training
  537  facility under this section or s. 288.11621 and the facility was
  538  constructed before January 1, 2000. The agreement must also
  539  require the franchise to reimburse the state for state funds
  540  expended by an applicant under this section if the franchise
  541  relocates before the agreement expires; however, if bonds were
  542  issued to construct or renovate a facility for a spring training
  543  franchise, the required reimbursement must be equal to the total
  544  amount of state distributions expected to be paid from the date
  545  the franchise breaks its agreement with the applicant through
  546  the final maturity of the bonds. The agreement may be contingent
  547  on an award of funds under this section and other conditions
  548  precedent.
  549         3. The applicant has made a financial commitment to provide
  550  50 percent or more of the funds required by an agreement for the
  551  construction or renovation of the facility for a spring training
  552  franchise. The commitment may be contingent upon an award of
  553  funds under this section and other conditions precedent.
  554         4. The applicant demonstrates that the facility for a
  555  spring training franchise will attract a paid attendance of at
  556  least 50,000 persons annually to the spring training games.
  557         5. The facility for a spring training franchise is located
  558  in a county that levies a tourist development tax under s.
  559  125.0104.
  560         (c) Each applicant certified on or after July 1, 2013,
  561  shall enter into an agreement with the department which:
  562         1. Specifies the amount of the state incentive funding to
  563  be distributed. The amount of state incentive funding per
  564  certified applicant may not exceed $20 million. However, if a
  565  certified applicant’s facility is used by more than one spring
  566  training franchise, the maximum amount may not exceed $50
  567  million, and the Department of Revenue shall make distributions
  568  to the applicant pursuant to s. 212.20(6)(d)6.e. for not more
  569  than 37 years and 6 months.
  570         2. States the criteria that the certified applicant must
  571  meet in order to remain certified. These criteria must include a
  572  provision stating that the spring training franchise must
  573  reimburse the state for any funds received if the franchise does
  574  not comply with the terms of the contract. If bonds were issued
  575  to construct or renovate a facility for a spring training
  576  franchise, the required reimbursement must be equal to the total
  577  amount of state distributions expected to be paid from the date
  578  the franchise violates the agreement with the applicant through
  579  the final maturity of the bonds.
  580         3. States that the certified applicant is subject to
  581  decertification if the certified applicant fails to comply with
  582  this section or the agreement.
  583         4. States that the department may recover state incentive
  584  funds if the certified applicant is decertified.
  585         5. Specifies the information that the certified applicant
  586  must report to the department.
  587         6. Includes any provision deemed prudent by the department.
  588         Section 6. (1) The executive director of the Department of
  589  Economic Opportunity is authorized, and all conditions are
  590  deemed met, to adopt emergency rules pursuant to ss. 120.536(1)
  591  and 120.54(4), Florida Statutes, for the purpose of implementing
  592  this act.
  593         (2) Notwithstanding any provision of law, such emergency
  594  rules shall remain in effect for 6 months after the date adopted
  595  and may be renewed during the pendency of procedures to adopt
  596  permanent rules addressing the subject of the emergency rules.
  597         (3) This section expires July 1, 2015.
  598         Section 7. This act shall take effect July 1, 2014.
  599  
  600  ================= T I T L E  A M E N D M E N T ================
  601  And the title is amended as follows:
  602         Delete everything before the enacting clause
  603  and insert:
  604                        A bill to be entitled                      
  605         An act relating to professional sports facilities;
  606         amending s. 212.20, F.S.; revising the distribution of
  607         moneys to certified applicants for a
  608         facility used by a spring training franchise under s.
  609         288.11631, F.S.; authorizing a distribution for an
  610         applicant that has been approved by the Legislature
  611         and certified by the Department of Economic
  612         Opportunity under s. 288.11625, F.S.; providing a
  613         limitation; amending s. 218.64, F.S.; providing for
  614         municipalities and counties to expend an increased
  615         portion of local government half-cent sales tax
  616         revenues to reimburse the state as required by a
  617         contract; amending s. 288.0001, F.S.; providing for an
  618         evaluation; creating s. 288.11625, F.S.; requiring the
  619         Department of Economic Opportunity to screen
  620         applicants for state funding for sports development;
  621         defining terms; providing a purpose to provide funding
  622         for applicants for constructing, reconstructing,
  623         renovating, or improving a facility; providing an
  624         application and approval process; providing for an
  625         annual application period; providing for the
  626         department to submit recommendations to the
  627         Legislature by a certain date; requiring legislative
  628         approval for state funding; providing evaluation
  629         criteria for an applicant to receive state funding;
  630         providing for evaluation and ranking of applicants
  631         under certain criteria; requiring the department to
  632         determine the annual distribution amount an applicant
  633         may receive; requiring the applicant to provide an
  634         analysis by a certified public accountant to the
  635         department; requiring the Department of Revenue to
  636         distribute funds within a certain timeframe after
  637         notification by the department; requiring the
  638         department to develop a calculation to estimate
  639         certain taxes; limiting annual distributions to a
  640         specified amount; providing for a contract between the
  641         department and the applicant; limiting use of funds;
  642         requiring an applicant to submit information to the
  643         department annually; requiring a 5-year review;
  644         authorizing the Auditor General to conduct audits;
  645         providing for reimbursement of the state funding under
  646         certain circumstances; providing for discontinuation
  647         of distributions upon an applicant’s request;
  648         authorizing the department to adopt rules; amending s.
  649         288.11631, F.S.; revising the requirements for an
  650         applicant to be certified to receive state funding for
  651         a facility for a spring training franchise;
  652         authorizing the department to adopt emergency rules;
  653         providing an effective date.