Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/HB 7095, 1st Eng.
       
       
       
       
       
       
                                Ì829928ZÎ829928                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/3R         .                                
             05/02/2014 10:40 AM       .                                
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       Senator Latvala moved the 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 or
  129  upon a date specified by the Department of Economic Opportunity
  130  as provided under s. 288.11625(6)(d), the department shall
  131  distribute each month an amount equal to one-twelfth of the
  132  annual distribution amount certified by the Department of
  133  Economic Opportunity for the applicant. The department may not
  134  distribute more than $7 million in the 2014-2015 fiscal year or
  135  more than $13 million annually thereafter under this sub
  136  subparagraph.
  137         7. All other proceeds must remain in the General Revenue
  138  Fund.
  139         Section 2. Subsections (2) and (3) of section 218.64,
  140  Florida Statutes, are amended to read:
  141         218.64 Local government half-cent sales tax; uses;
  142  limitations.—
  143         (2) Municipalities shall expend their portions of the local
  144  government half-cent sales tax only for municipality-wide
  145  programs, for reimbursing the state as required pursuant to s.
  146  288.11625, or for municipality-wide property tax or municipal
  147  utility tax relief. All utility tax rate reductions afforded by
  148  participation in the local government half-cent sales tax shall
  149  be applied uniformly across all types of taxed utility services.
  150         (3) Subject to ordinances enacted by the majority of the
  151  members of the county governing authority and by the majority of
  152  the members of the governing authorities of municipalities
  153  representing at least 50 percent of the municipal population of
  154  such county, counties may use up to $3 $2 million annually of
  155  the local government half-cent sales tax allocated to that
  156  county for funding for any of the following purposes applicants:
  157         (a) Funding a certified applicant as a facility for a new
  158  or retained professional sports franchise under s. 288.1162 or a
  159  certified applicant as defined in s. 288.11621 for a facility
  160  for a spring training franchise. It is the Legislature’s intent
  161  that the provisions of s. 288.1162, including, but not limited
  162  to, the evaluation process by the Department of Economic
  163  Opportunity except for the limitation on the number of certified
  164  applicants or facilities as provided in that section and the
  165  restrictions set forth in s. 288.1162(8), shall apply to an
  166  applicant’s facility to be funded by local government as
  167  provided in this subsection.
  168         (b) Funding a certified applicant as a “motorsport
  169  entertainment complex,” as provided for in s. 288.1171. Funding
  170  for each franchise or motorsport complex shall begin 60 days
  171  after certification and shall continue for not more than 30
  172  years.
  173         (c) Reimbursing the state as required under s. 288.11625.
  174         Section 3. Paragraph (d) is added to subsection (2) of
  175  section 288.0001, Florida Statutes, to read:
  176         288.0001 Economic Development Programs Evaluation.—The
  177  Office of Economic and Demographic Research and the Office of
  178  Program Policy Analysis and Government Accountability (OPPAGA)
  179  shall develop and present to the Governor, the President of the
  180  Senate, the Speaker of the House of Representatives, and the
  181  chairs of the legislative appropriations committees the Economic
  182  Development Programs Evaluation.
  183         (2) The Office of Economic and Demographic Research and
  184  OPPAGA shall provide a detailed analysis of economic development
  185  programs as provided in the following schedule:
  186         (d) Beginning January 1, 2018, and every 3 years
  187  thereafter, an analysis of the Sports Development Program
  188  established under s. 288.11625.
  189         Section 4. Section 288.11625, Florida Statutes, is created
  190  to read:
  191         288.11625 Sports development.
  192         (1) ADMINISTRATION.—The department shall serve as the state
  193  agency responsible for screening applicants for state funding
  194  under s. 212.20(6)(d)6.f.
  195         (2) DEFINITIONS.—As used in this section, the term:
  196         (a) “Agreement” means a signed agreement between a unit of
  197  local government and a beneficiary.
  198         (b) “Applicant” means a unit of local government, as
  199  defined in s. 218.369, which is responsible for the
  200  construction, management, or operation of a facility; or an
  201  entity that is responsible for the construction, management, or
  202  operation of a facility if a unit of local government holds
  203  title to the underlying property on which the facility is
  204  located.
  205         (c) “Beneficiary” means a professional sports franchise of
  206  the National Football League, the National Hockey League, the
  207  National Basketball Association, the National League or American
  208  League of Major League Baseball, Minor League Baseball, Major
  209  League Soccer, the North American Soccer League, the
  210  Professional Rodeo Cowboys Association, the promoter or host of
  211  a signature event administered by Breeders’ Cup Limited, or the
  212  promoter of a signature event sanctioned by the National
  213  Association for Stock Car Auto Racing. A beneficiary may also be
  214  an applicant under this section. However, a professional sports
  215  franchise of the National League or the American League of Major
  216  League Baseball or Minor League Baseball may not be a
  217  beneficiary unless, before filing an application under
  218  subsection (3):
  219         1. Major League Baseball verifies to the Attorney General
  220  that any Cuban refugee 17 years of age or older who has been
  221  present in the United States for less than 1 year and who was
  222  not present before the most recent Major League Baseball Rule 4
  223  Draft of amateur players may contract as a free agent under
  224  rules no less favorable than the most favorable rules applicable
  225  to players who are residents of any country or territory other
  226  than the United States, Puerto Rico, or Canada; and
  227         2. The Attorney General verifies that Major League Baseball
  228  has agreed to report to the Attorney General the identity of,
  229  and a description of the activity giving rise to the
  230  identification of, any resident of this state or other person
  231  operating in this state who Major League Baseball has reason to
  232  believe has engaged in:
  233         a. Human smuggling, human trafficking, or the movement of
  234  individuals across national boundaries for purposes of evading
  235  Major League Baseball rules applicable to residents of the
  236  United States; or
  237         b. Contracting with nondrafted players for an interest in a
  238  player’s professional baseball compensation or other
  239  consideration in exchange for human trafficking, assistance in
  240  human smuggling, or avoidance of Major League Baseball rules.
  241         (d) “Commence” or “commenced” means the occurrence of a
  242  physical activity on the project site which is related to the
  243  construction, reconstruction, renovation, or improvement of the
  244  project site.
  245         (e) “Facility” means a structure, and its adjoining parcels
  246  of local-government-owned land, primarily used to host games or
  247  events held by a beneficiary and does not include any portion
  248  used to provide transient lodging.
  249         (f) “Project” means a proposed construction,
  250  reconstruction, renovation, or improvement of a facility or the
  251  proposed acquisition of land to construct a new facility and
  252  construction of improvements to state-owned land necessary for
  253  the efficient use of the facility.
  254         (g) “Signature event” means a professional sports event
  255  with significant export factor potential. For purposes of this
  256  paragraph, the term “export factor” means the attraction of
  257  economic activity or growth into the state which otherwise would
  258  not have occurred. Examples of signature events may include, but
  259  are not limited to:
  260         1. National Football League Super Bowls.
  261         2. Professional sports All-Star games.
  262         3. International sporting events and tournaments.
  263         4. Professional motorsports events.
  264         5. The establishment of a new professional sports franchise
  265  in this state.
  266         (h) “State sales taxes generated by sales at the facility”
  267  means state sales taxes imposed under chapter 212 and generated
  268  by admissions to the facility; parking on property owned or
  269  controlled by the beneficiary or the applicant; team operations
  270  and necessary leases; sales by the beneficiary; sales by other
  271  vendors at the facility; and ancillary uses within 1,000 feet,
  272  including, but not limited to, team stores, museums,
  273  restaurants, retail, lodging, and commercial uses from economic
  274  development generated by the beneficiary or facility as
  275  determined by the Department of Economic Opportunity.
  276         (3) PURPOSE.—The purpose of this section is to provide
  277  applicants state funding under s. 212.20(6)(d)6.f. for the
  278  public purpose of constructing, reconstructing, renovating, or
  279  improving a facility.
  280         (4) APPLICATION AND APPROVAL PROCESS.—
  281         (a) The department shall establish the procedures and
  282  application forms deemed necessary pursuant to the requirements
  283  of this section. The department may notify an applicant of any
  284  additional required or incomplete information necessary to
  285  evaluate an application.
  286         (b) The annual application period is from June 1 through
  287  November 1.
  288         (c) Within 60 days after receipt of a completed
  289  application, the department shall complete its evaluation of the
  290  application as provided under subsection (5) and notify the
  291  applicant in writing of the department’s decision to recommend
  292  approval of the applicant by the Legislature or to deny the
  293  application.
  294         (d) By each February 1, the department shall rank the
  295  applicants and provide to the Legislature the list of the
  296  recommended applicants in ranked order of projects most likely
  297  to positively impact the state based on criteria established
  298  under this section. The list must include the department’s
  299  evaluation of the applicant.
  300         (e) A recommended applicant’s request for funding must be
  301  approved by the Legislature, enacted by a general law or
  302  conforming bill approved by the Governor in the manner provided
  303  in s. 8, Art. III of the State Constitution. After enactment,
  304  the department must certify an applicant and its approved
  305  request for funding. The approved request for funding must be
  306  certified as an annual distribution amount and the department
  307  must notify the Department of Revenue of the initial
  308  certification and the distribution amount.
  309         1. An application by a unit of local government which is
  310  approved by the Legislature and subsequently certified by the
  311  department remains certified for the duration of the
  312  beneficiary’s agreement with the applicant or for 30 years,
  313  whichever is less, provided the certified applicant has an
  314  agreement with a beneficiary at the time of initial
  315  certification by the department.
  316         2. An application by a beneficiary or other applicant which
  317  is approved by the Legislature and subsequently certified by the
  318  department remains certified for the duration of the
  319  beneficiary’s agreement with the unit of local government that
  320  owns the underlying property or for 30 years, whichever is less,
  321  provided the certified applicant has an agreement with the unit
  322  of local government at the time of initial certification by the
  323  department.
  324         3. An applicant that is previously certified pursuant to
  325  this section does not need legislative approval each year to
  326  receive state funding.
  327         (f) An applicant that is recommended by the department but
  328  not approved by the Legislature may reapply and shall update any
  329  information in the original application as required by the
  330  department.
  331         (g) The department may recommend no more than one
  332  distribution under this section for any applicant, facility, or
  333  beneficiary at a time. A facility or beneficiary may not be the
  334  subject of more than one distribution under s. 212.20 at any
  335  time for any state-administered sports-related program,
  336  including s. 288.1162, s. 288.11621, s. 288.11631, or this
  337  section. This limitation does not apply if the applicant
  338  demonstrates that the beneficiary that is the subject of the
  339  distribution under s. 212.20 no longer plays at the facility
  340  that is the subject of the application under this section.
  341         (h) An application submitted either by a first-time
  342  applicant whose project exceeds $300 million and commenced on
  343  the facility’s existing site before January 1, 2014, or by a
  344  beneficiary that has completed the terms of a previous agreement
  345  for distributions under chapter 212 for an existing facility
  346  shall be considered an application for a new facility for
  347  purposes that include, but are not limited to, incremental and
  348  baseline tax calculations.
  349         (i) An application may be submitted to the department for
  350  evaluation and recommendation if the existing beneficiary has
  351  completed or will complete the terms of an existing distribution
  352  under chapter 212 for an existing facility before a distribution
  353  can be made.
  354         (5) EVALUATION PROCESS.—
  355         (a) Before recommending an applicant to receive a state
  356  distribution under s. 212.20(6)(d)6.f., the department must
  357  verify that:
  358         1. The applicant or beneficiary is responsible for the
  359  construction, reconstruction, renovation, or improvement of a
  360  facility and obtained at least three bids for the project.
  361         2. If the applicant is not a unit of local government, a
  362  unit of local government holds title to the property on which
  363  the facility and project are, or will be, located.
  364         3. If the applicant is a unit of local government in whose
  365  jurisdiction the facility is, or will be, located, the unit of
  366  local government has an exclusive intent agreement to negotiate
  367  in this state with the beneficiary.
  368         4. A unit of local government in whose jurisdiction the
  369  facility is, or will be, located supports the application for
  370  state funds. Such support must be verified by the adoption of a
  371  resolution, after a public hearing, that the project serves a
  372  public purpose.
  373         5. The applicant or beneficiary has not previously
  374  defaulted or failed to meet any statutory requirements of a
  375  previous state-administered sports-related program under s.
  376  288.1162, s. 288.11621, s. 288.11631, or this section.
  377  Additionally, the applicant or beneficiary is not currently
  378  receiving state distributions under s. 212.20 for the facility
  379  that is the subject of the application, unless the applicant
  380  demonstrates that the franchise that applied for a distribution
  381  under s. 212.20 no longer plays at the facility that is the
  382  subject of the application.
  383         6. The applicant or beneficiary has sufficiently
  384  demonstrated a commitment to employ residents of this state,
  385  contract with Florida-based firms, and purchase locally
  386  available building materials to the greatest extent possible.
  387         7. If the applicant is a unit of local government, the
  388  applicant has a certified copy of a signed agreement with a
  389  beneficiary for the use of the facility. If the applicant is a
  390  beneficiary, the beneficiary must enter into an agreement with
  391  the department. The applicant’s or beneficiary’s agreement must
  392  also require the following:
  393         a. The beneficiary must reimburse the state for state funds
  394  that will be distributed if the beneficiary relocates or no
  395  longer occupies or uses the facility as the facility’s primary
  396  tenant before the agreement expires. Reimbursements must be sent
  397  to the Department of Revenue for deposit into the General
  398  Revenue Fund.
  399         b. The beneficiary must pay for signage or advertising
  400  within the facility. The signage or advertising must be placed
  401  in a prominent location as close to the field of play or
  402  competition as is practicable, must be displayed consistent with
  403  signage or advertising in the same location and of like value,
  404  and must feature Florida advertising approved by the Florida
  405  Tourism Industry Marketing Corporation.
  406         8. The project will commence within 12 months after
  407  receiving state funds or did not commence before January 1,
  408  2013.
  409         (b) The department shall competitively evaluate and rank
  410  applicants that timely submit applications for state funding
  411  based on their ability to positively impact the state using the
  412  following criteria:
  413         1. The proposed use of state funds.
  414         2. The length of time that a beneficiary has agreed to use
  415  the facility.
  416         3. The percentage of total project funds provided by the
  417  applicant and the percentage of total project funds provided by
  418  the beneficiary, with priority in the evaluation and ranking
  419  given to applications with 50 percent or more of total project
  420  funds provided by the applicant and beneficiary.
  421         4. The number and type of signature events the facility is
  422  likely to attract during the duration of the agreement with the
  423  beneficiary.
  424         5. The anticipated increase in average annual ticket sales
  425  and attendance at the facility due to the project.
  426         6. The potential to attract out-of-state visitors to the
  427  facility.
  428         7. The length of time a beneficiary has been in this state
  429  or partnered with the unit of local government. In order to
  430  encourage new franchises to locate in this state, an application
  431  for a new franchise shall be considered to have a significant
  432  positive impact on the state and shall be given priority in the
  433  evaluation and ranking by the department.
  434         8. The multiuse capabilities of the facility.
  435         9. The facility’s projected employment of residents of this
  436  state, contracts with Florida-based firms, and purchases of
  437  locally available building materials.
  438         10. The amount of private and local financial or in-kind
  439  contributions to the project.
  440         11. The amount of positive advertising or media coverage
  441  the facility generates.
  442         12. The expected amount of average annual new incremental
  443  state sales taxes generated by sales at the facility above the
  444  baseline that will be generated as a result of the project, as
  445  required under subparagraph (6)(b)2.
  446         13. The size and scope of the project and number of
  447  temporary and permanent jobs that will be created as a direct
  448  result of the facility improvement.
  449         (6) DISTRIBUTION.—
  450         (a) The department shall determine the annual distribution
  451  amount an applicant may receive based on 75 percent of the
  452  average annual new incremental state sales taxes generated by
  453  sales at the facility, as provided under subparagraph (b)2., and
  454  such annual distribution shall be limited by the following:
  455         1. If the total project cost is $200 million or greater,
  456  the annual distribution amount may be up to $3 million.
  457         2. If the total project cost is at least $100 million but
  458  less than $200 million, the annual distribution amount may be up
  459  to $2 million.
  460         3. If the total project cost is less than $100 million and
  461  more than $30 million, the annual distribution amount may be up
  462  to $1 million.
  463         4. Notwithstanding paragraph (4)(g) and subparagraph
  464  (5)(a)5., an applicant certified under s. 288.1162 which is
  465  currently receiving state distributions under s. 212.20 for the
  466  facility or beneficiary that is the subject of the application
  467  under this section may be eligible for an annual distribution
  468  amount of up to $1 million. The total project cost must be at
  469  least $100 million. This subparagraph does not apply to an
  470  applicant that demonstrates that the beneficiary that is the
  471  subject of the distribution under s. 212.20 no longer plays at
  472  the facility that is the subject of the application under this
  473  section.
  474         (b) At the time of initial evaluation and review by the
  475  department pursuant to subsection (5), the applicant must
  476  provide an analysis by an independent certified public
  477  accountant which demonstrates:
  478         1. The average annual amount of state sales taxes generated
  479  by sales at the facility during the 36-month period immediately
  480  before the beginning of the application period. This amount is
  481  the baseline.
  482         2. The expected amount of average annual new incremental
  483  state sales taxes generated by sales at the facility above the
  484  baseline which will be generated as a result of the project.
  485         3. The expected amount of average annual new incremental
  486  state sales taxes generated by sales at the facility must be at
  487  least $500,000 above the baseline for the applicant to be
  488  eligible to receive a distribution under this section.
  489  
  490  For an application for a new facility, the baseline is zero.
  491  Notwithstanding any other provision of this section, for
  492  projects with a total cost of more than $300 million which are
  493  at least 90 percent funded by private sources, the baseline is
  494  zero for purposes of this section. The baseline for an applicant
  495  under subparagraph (a)4. is $2 million.
  496         (c) The independent analysis provided in paragraph (b)
  497  shall be verified by the department.
  498         (d) The department shall notify the Department of Revenue
  499  of the applicant’s initial certification and the Department of
  500  Revenue shall begin distributions within 45 days after such
  501  notification or upon a date specified by the department as
  502  requested by the approved applicant, whichever is later.
  503         (e) The department shall consult with the Department of
  504  Revenue and the Office of Economic and Demographic Research to
  505  develop a standard calculation for estimating the average annual
  506  new incremental state sales taxes generated by sales at the
  507  facility.
  508         (f) The department may not certify an applicant if, as a
  509  result of the certification, the total amount distributed will
  510  exceed $13 million in any fiscal year. In the 2014-2015 fiscal
  511  year, the department may not certify total annual distributions
  512  of more than $7 million for all certified applicants.
  513         (7) CONTRACT.—An applicant approved by the Legislature and
  514  certified by the department must enter into a contract with the
  515  department which:
  516         (a) Specifies the terms of the state’s investment.
  517         (b) States the criteria that the certified applicant must
  518  meet in order to remain certified.
  519         (c) Requires the applicant to submit the independent
  520  analysis required under subsection (6) and an annual independent
  521  analysis.
  522         1. The applicant must agree to submit to the department,
  523  beginning 12 months after completion of a project or 12 months
  524  after the first four annual distributions, whichever is earlier,
  525  an annual analysis by an independent certified public accountant
  526  demonstrating the actual amount of new incremental state sales
  527  taxes generated by sales at the facility during the previous 12
  528  month period. The applicant shall certify to the department a
  529  comparison of the actual amount of state sales taxes generated
  530  by sales at the facility during the previous 12-month period to
  531  the baseline under paragraph (6)(b).
  532         2. The applicant must submit the certification within 90
  533  days after the end of the previous 12-month period. The
  534  department shall verify the analysis.
  535         (d) Specifies information that the certified applicant must
  536  report to the department.
  537         (e) Requires the applicant to reimburse the state, after
  538  all distributions have been made, any amount by which the total
  539  distributions made under s. 212.20(6)(d)6.f. exceed actual new
  540  incremental state sales taxes generated by sales at the facility
  541  during the contract. If any reimbursement is due to the state,
  542  such reimbursement must be made within 90 days after the last
  543  distribution under the contract has been made. If the applicant
  544  is unable or unwilling to reimburse the state for such amount,
  545  the department may place a lien on the applicant’s facility.
  546         1. If the applicant is a municipality or county, it may
  547  reimburse the state from its half-cent sales tax allocation, as
  548  provided in s. 218.64(3).
  549         2. Reimbursements must be sent to the Department of Revenue
  550  for deposit into the General Revenue Fund.
  551         (f) Includes any provisions deemed prudent by the
  552  department.
  553         (8) USE OF FUNDS.—An applicant certified under this section
  554  may use state funds only for the following purposes:
  555         (a) Constructing, reconstructing, renovating, or improving
  556  a facility or reimbursing such costs.
  557         (b) Paying or pledging for the payment of debt service on
  558  bonds issued for the construction or renovation of such
  559  facility.
  560         (c) Funding debt service reserve funds, arbitrage rebate
  561  obligations, or other amounts payable with respect thereto on
  562  bonds issued for the construction or renovation of such
  563  facility.
  564         (d) Reimbursing the costs under paragraphs (b) and (c) or
  565  the refinancing of bonds issued for the construction or
  566  renovation of such facility.
  567         (9) REPORTS.—
  568         (a) On or before November 1 of each year, an applicant
  569  certified under this section and approved to receive state funds
  570  must submit to the department any information required by the
  571  department. The department shall summarize this information for
  572  inclusion in its annual report to the Legislature under
  573  paragraph (4)(d).
  574         (b) Every 5 years after an applicant receives its first
  575  monthly distribution, the department must verify that the
  576  applicant is meeting the program requirements. If the applicant
  577  fails to meet these requirements, the department shall notify
  578  the Governor and the Legislature in its next annual report under
  579  paragraph (4)(d) that the requirements are not being met and
  580  recommend future action. The department shall take into
  581  consideration extenuating circumstances that may have prevented
  582  the applicant from meeting the program requirements, such as
  583  force majeure events or a significant economic downturn.
  584         (10) AUDITS.—The Auditor General may conduct audits
  585  pursuant to s. 11.45 to verify the independent analysis required
  586  under paragraphs (6)(b) and (7)(c) and to verify that the
  587  distributions are expended as required. The Auditor General
  588  shall report the findings to the department. If the Auditor
  589  General determines that the distribution payments are not
  590  expended as required, the Auditor General must notify the
  591  Department of Revenue, which may pursue recovery of
  592  distributions under the laws and rules that govern the
  593  assessment of taxes.
  594         (11) APPLICATION RELATED TO NEW FACILITIES OR PROJECTS
  595  COMMENCED BEFORE JULY 1, 2014.—Notwithstanding paragraph (4)(e),
  596  the Legislative Budget Commission may approve an application for
  597  state funds by an applicant for a new facility or a project
  598  commenced between March 1, 2013, and July 1, 2014. Such an
  599  application may be submitted after May 1, 2014. The department
  600  must review the application and recommend approval to the
  601  Legislature or deny the application. The Legislative Budget
  602  Commission may approve applications on or after January 1, 2015.
  603  The department must certify the applicant within 45 days of
  604  approval by the Legislative Budget Commission. State funds may
  605  not be distributed until the department notifies the Department
  606  of Revenue that the applicant was approved by the Legislative
  607  Budget Commission and certified by the department. An applicant
  608  certified under this subsection is subject to the provisions and
  609  requirements of this section. An applicant that fails to meet
  610  the conditions of this subsection may reapply during future
  611  application periods.
  612         (12) REPAYMENT OF DISTRIBUTIONS.—An applicant that is
  613  certified under this section may be subject to repayment of
  614  distributions upon the occurrence of any of the following:
  615         (a) An applicant’s beneficiary has broken the terms of its
  616  agreement with the applicant and relocated from the facility or
  617  no longer occupies or uses the facility as the facility’s
  618  primary tenant. The beneficiary must reimburse the state for
  619  state funds that will be distributed, plus a 5 percent penalty
  620  on that amount, if the beneficiary relocates before the
  621  agreement expires.
  622         (b) A determination by the department that an applicant has
  623  submitted information or made a representation that is
  624  determined to be false, misleading, deceptive, or otherwise
  625  untrue. The applicant must reimburse the state for state funds
  626  that have been and will be distributed, plus a 5 percent penalty
  627  on that amount, if such determination is made. If the applicant
  628  is a municipality or county, it may reimburse the state from its
  629  half-cent sales tax allocation, as provided in s. 218.64(3).
  630         (c)Repayment of distributions must be sent to the
  631  Department of Revenue for deposit into the General Revenue Fund.
  632         (13) HALTING OF PAYMENTS.—The applicant may request in
  633  writing at least 20 days before the next monthly distribution
  634  that the department halt future payments. The department shall
  635  immediately notify the Department of Revenue to halt future
  636  payments.
  637         (14) RULEMAKING.—The department may adopt rules to
  638  implement this section.
  639         Section 5. Paragraphs (a) and (c) of subsection (2) of
  640  section 288.11631, Florida Statutes, are amended, and paragraph
  641  (d) is added to that subsection, to read:
  642         288.11631 Retention of Major League Baseball spring
  643  training baseball franchises.—
  644         (2) CERTIFICATION PROCESS.—
  645         (a) Before certifying an applicant to receive state funding
  646  for a facility for a spring training franchise, the department
  647  must verify that:
  648         1. The applicant is responsible for the construction or
  649  renovation of the facility for a spring training franchise or
  650  holds title to the property on which the facility for a spring
  651  training franchise is located.
  652         2. The applicant has a certified copy of a signed agreement
  653  with a spring training franchise. The signed agreement with a
  654  spring training franchise for the use of a facility must, at a
  655  minimum, be equal to the length of the term of the bonds issued
  656  for the public purpose of constructing or renovating a facility
  657  for a spring training franchise. If no such bonds are issued for
  658  the public purpose of constructing or renovating a facility for
  659  a spring training franchise, the signed agreement with a spring
  660  training franchise for the use of a facility must be for at
  661  least 20 years. Any such agreement with a spring training
  662  franchise for the use of a facility cannot be signed more than 4
  663  years before the expiration of any existing agreement with a
  664  spring training franchise for the use of a facility. However,
  665  any such agreement may be signed at any time before the
  666  expiration of any existing agreement with a spring training
  667  franchise for use of a facility if the applicant has never
  668  received state funding for the facility as a spring training
  669  facility under this section or s. 288.11621 and the facility was
  670  constructed before January 1, 2000. The agreement must also
  671  require the franchise to reimburse the state for state funds
  672  expended by an applicant under this section if the franchise
  673  relocates before the agreement expires; however, if bonds were
  674  issued to construct or renovate a facility for a spring training
  675  franchise, the required reimbursement must be equal to the total
  676  amount of state distributions expected to be paid from the date
  677  the franchise breaks its agreement with the applicant through
  678  the final maturity of the bonds. The agreement may be contingent
  679  on an award of funds under this section and other conditions
  680  precedent.
  681         3. The applicant has made a financial commitment to provide
  682  50 percent or more of the funds required by an agreement for the
  683  construction or renovation of the facility for a spring training
  684  franchise. The commitment may be contingent upon an award of
  685  funds under this section and other conditions precedent.
  686         4. The applicant demonstrates that the facility for a
  687  spring training franchise will attract a paid attendance of at
  688  least 50,000 persons annually to the spring training games.
  689         5. The facility for a spring training franchise is located
  690  in a county that levies a tourist development tax under s.
  691  125.0104.
  692         6. The applicant is not currently certified to receive
  693  state funding for the facility as a spring training franchise
  694  under this section.
  695         (c) Each applicant certified on or after July 1, 2013,
  696  shall enter into an agreement with the department which:
  697         1. Specifies the amount of the state incentive funding to
  698  be distributed. The amount of state incentive funding per
  699  certified applicant may not exceed $20 million. However, if a
  700  certified applicant’s facility is used by more than one spring
  701  training franchise, the maximum amount may not exceed $50
  702  million, and the Department of Revenue shall make distributions
  703  to the applicant pursuant to s. 212.20(6)(d)6.e. for not more
  704  than 37 years and 6 months.
  705         2. States the criteria that the certified applicant must
  706  meet in order to remain certified. These criteria must include a
  707  provision stating that the spring training franchise must
  708  reimburse the state for any funds received if the franchise does
  709  not comply with the terms of the contract. If bonds were issued
  710  to construct or renovate a facility for a spring training
  711  franchise, the required reimbursement must be equal to the total
  712  amount of state distributions expected to be paid from the date
  713  the franchise violates the agreement with the applicant through
  714  the final maturity of the bonds.
  715         3. States that the certified applicant is subject to
  716  decertification if the certified applicant fails to comply with
  717  this section or the agreement.
  718         4. States that the department may recover state incentive
  719  funds if the certified applicant is decertified.
  720         5. Specifies the information that the certified applicant
  721  must report to the department.
  722         6. Includes any provision deemed prudent by the department.
  723         (d) If a certified applicant has been certified under this
  724  program for use of its facility by one spring training
  725  franchise, the certified applicant may apply to amend its
  726  certification for use of its facility by more than one spring
  727  training franchise. The certified applicant must submit an
  728  application to amend its original certification that meets the
  729  requirements of this section. The maximum amount of state
  730  incentive funding to be distributed may not exceed $50 million
  731  as provided in subparagraph (c)1. for a certified applicant with
  732  a facility used by more than one spring training franchise,
  733  including any distributions previously received by the certified
  734  applicant under its original certification under this section.
  735  Upon approval of an amended certification, the department shall
  736  notify the Department of Revenue as provided in this section.
  737         Section 6. Section 288.1166, Florida Statutes, is amended
  738  to read:
  739         288.1166 Professional sports facility; designation as
  740  shelter site for the homeless; establishment of local programs.—
  741         (1) A Any professional sports facility constructed with
  742  financial assistance from the state of Florida shall be
  743  designated as a shelter site for the homeless during the period
  744  of a declared federal, state, or local emergency in accordance
  745  with the criteria of locally existing homeless shelter programs
  746  unless:, except when
  747         (a) The facility is otherwise contractually obligated for a
  748  specific event or activity;
  749         (b) The facility is designated or used by the county owning
  750  the facility as a staging area; or
  751         (c) The county owning the facility also owns or operates
  752  homeless assistance centers and the county determines there
  753  exists sufficient capacity to meet the sheltering needs of
  754  homeless persons within the county.
  755         (2) If Should a local program does not exist be in
  756  existence in the facility’s area, such program shall be
  757  established in accordance with normally accepted criteria as
  758  defined by the county or its designee.
  759         Section 7. (1) The executive director of the Department of
  760  Economic Opportunity is authorized, and all conditions are
  761  deemed met, to adopt emergency rules pursuant to ss. 120.536(1)
  762  and 120.54(4), Florida Statutes, for the purpose of implementing
  763  this act.
  764         (2) Notwithstanding any provision of law, such emergency
  765  rules shall remain in effect for 6 months after the date adopted
  766  and may be renewed during the pendency of procedures to adopt
  767  permanent rules addressing the subject of the emergency rules.
  768         (3) This section expires July 1, 2015.
  769         Section 8. This act shall take effect upon becoming a law.
  770  
  771  ================= T I T L E  A M E N D M E N T ================
  772  And the title is amended as follows:
  773         Delete everything before the enacting clause
  774  and insert:
  775                        A bill to be entitled                      
  776         An act relating to professional sports facilities;
  777         amending s. 212.20, F.S.; revising the distribution of
  778         moneys to certified applicants for a facility used by
  779         a spring training franchise under s. 288.11631, F.S.;
  780         authorizing a distribution for an applicant that has
  781         been approved by the Legislature and certified by the
  782         Department of Economic Opportunity under s. 288.11625,
  783         F.S.; providing a limitation; amending s. 218.64,
  784         F.S.; providing for municipalities and counties to
  785         expend an increased portion of local government half
  786         cent sales tax revenues to reimburse the state as
  787         required by a contract; amending s. 288.0001, F.S.;
  788         providing for an evaluation; creating s. 288.11625,
  789         F.S.; requiring the Department of Economic Opportunity
  790         to screen applicants for state funding for sports
  791         development; defining terms; providing a purpose to
  792         provide funding for applicants for constructing,
  793         reconstructing, renovating, or improving a facility;
  794         providing an application and approval process;
  795         providing for an annual application period; providing
  796         for the department to submit recommendations to the
  797         Legislature by a certain date; requiring legislative
  798         approval for state funding; providing evaluation
  799         criteria for an applicant to receive state funding;
  800         providing for evaluation and ranking of applicants
  801         under certain criteria; requiring the department to
  802         determine the annual distribution amount an applicant
  803         may receive; requiring the applicant to provide an
  804         analysis by a certified public accountant to the
  805         department; requiring the Department of Revenue to
  806         distribute funds within a certain timeframe after
  807         notification by the department; requiring the
  808         department to develop a calculation to estimate
  809         certain taxes; limiting annual distributions to a
  810         specified amount; providing for a contract between the
  811         department and the applicant; limiting use of funds;
  812         requiring an applicant to submit information to the
  813         department annually; requiring a 5-year review;
  814         authorizing the Auditor General to conduct audits;
  815         authorizing the Legislative Budget Commission to
  816         approve an application; providing for reimbursement of
  817         the state funding under certain circumstances;
  818         providing for discontinuation of distributions upon an
  819         applicant’s request; authorizing the department to
  820         adopt rules; amending s. 288.11631, F.S.; revising the
  821         requirements for an applicant to be certified to
  822         receive state funding for a facility for a spring
  823         training franchise; authorizing a certified applicant
  824         to submit an amendment to its original certification
  825         for use of the facility by more than one spring
  826         training franchise; amending s. 288.1166, F.S.;
  827         providing that certain professional sports facilities
  828         are designated as shelter sites for the homeless
  829         during declared federal, state, or local emergencies;
  830         providing exceptions; authorizing the department to
  831         adopt emergency rules; providing an effective date.