Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/HB 7095, 1st Eng.
       
       
       
       
       
       
                                Ì8564906Î856490                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             04/29/2014 08:52 PM       .                                
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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, 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 $6 million in the 2014
  133  2015 fiscal year and more than $13 million annually thereafter
  134  under this sub-subparagraph.
  135         7. All other proceeds must remain in the General Revenue
  136  Fund.
  137         Section 2. Subsections (2) and (3) of section 218.64,
  138  Florida Statutes, are amended to read:
  139         218.64 Local government half-cent sales tax; uses;
  140  limitations.—
  141         (2) Municipalities shall expend their portions of the local
  142  government half-cent sales tax only for municipality-wide
  143  programs, for reimbursing the state as required by a contract
  144  pursuant to s. 288.11625(7), or for municipality-wide property
  145  tax or municipal utility tax relief. All utility tax rate
  146  reductions afforded by participation in the local government
  147  half-cent sales tax shall be applied uniformly across all types
  148  of taxed utility services.
  149         (3) Subject to ordinances enacted by the majority of the
  150  members of the county governing authority and by the majority of
  151  the members of the governing authorities of municipalities
  152  representing at least 50 percent of the municipal population of
  153  such county, counties may use up to $3 $2 million annually of
  154  the local government half-cent sales tax allocated to that
  155  county for funding for any of the following purposes applicants:
  156         (a) Funding a certified applicant as a facility for a new
  157  or retained professional sports franchise under s. 288.1162 or a
  158  certified applicant as defined in s. 288.11621 for a facility
  159  for a spring training franchise. It is the Legislature’s intent
  160  that the provisions of s. 288.1162, including, but not limited
  161  to, the evaluation process by the Department of Economic
  162  Opportunity except for the limitation on the number of certified
  163  applicants or facilities as provided in that section and the
  164  restrictions set forth in s. 288.1162(8), shall apply to an
  165  applicant’s facility to be funded by local government as
  166  provided in this subsection.
  167         (b) Funding a certified applicant as a “motorsport
  168  entertainment complex,” as provided for in s. 288.1171. Funding
  169  for each franchise or motorsport complex shall begin 60 days
  170  after certification and shall continue for not more than 30
  171  years.
  172         (c) Reimbursing the state as required by a contract entered
  173  into under s. 288.11625(7).
  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, the National Association of
  209  Professional Baseball Leagues, Major League Soccer, the North
  210  American Soccer League, the Professional Rodeo Cowboys
  211  Association, the promoter or host of a signature event
  212  administered by Breeders’ Cup Limited, or the promoter of a
  213  signature event sanctioned by the National Association for Stock
  214  Car Auto Racing. A beneficiary may also be an applicant under
  215  this section.
  216         (d) “Facility” means a structure primarily used to host
  217  games or events held by a beneficiary and does not include any
  218  portion used to provide transient lodging.
  219         (e) “Project” means a proposed construction,
  220  reconstruction, renovation, or improvement of a facility or the
  221  proposed acquisition of land to construct a new facility and
  222  construction of improvements to state-owned land necessary for
  223  the efficient use of the facility.
  224         (f) “Signature event” means a professional sports event
  225  with significant export factor potential. For purposes of this
  226  paragraph, the term “export factor” means the attraction of
  227  economic activity or growth into the state which otherwise would
  228  not have occurred. Examples of signature events may include, but
  229  are not limited to:
  230         1. National Football League Super Bowls.
  231         2. Professional sports All-Star games.
  232         3. International sporting events and tournaments.
  233         4. Professional motorsports events.
  234         5. The establishment of a new professional sports franchise
  235  in this state.
  236         (g) “State sales taxes generated by sales at the facility”
  237  means state sales taxes imposed under chapter 212 and generated
  238  by admissions to the facility; parking on property owned or
  239  controlled by the beneficiary or the applicant; team operations
  240  and necessary leases; sales by the beneficiary; sales by other
  241  vendors at the facility; and ancillary uses, including, but not
  242  limited to, team stores, museums, restaurants, retail, lodging,
  243  and commercial uses from economic development generated by the
  244  beneficiary or facility as determined by the Department of
  245  Economic Opportunity.
  246         (3) PURPOSE.—The purpose of this section is to provide
  247  applicants state funding under s. 212.20(6)(d)6.f. for the
  248  public purpose of constructing, reconstructing, renovating, or
  249  improving a facility.
  250         (4) APPLICATION AND APPROVAL PROCESS.—
  251         (a) The department shall establish the procedures and
  252  application forms deemed necessary pursuant to the requirements
  253  of this section. The department may notify an applicant of any
  254  additional required or incomplete information necessary to
  255  evaluate an application.
  256         (b) The annual application period is from June 1 through
  257  November 1.
  258         (c) Within 60 days after receipt of a completed
  259  application, the department shall complete its evaluation of the
  260  application as provided under subsection (5) and notify the
  261  applicant in writing of the department’s decision to recommend
  262  approval of the applicant by the Legislature or to deny the
  263  application.
  264         (d) By each February 1, the department shall rank the
  265  applicants and provide to the Legislature the list of the
  266  recommended applicants in ranked order of projects most likely
  267  to positively impact the state based on criteria established
  268  under this section. The list must include the department’s
  269  evaluation of the applicant.
  270         (e) A recommended applicant’s request for funding must be
  271  approved by the Legislature in the General Appropriations Act or
  272  a conforming bill for the General Appropriations Act.
  273         1. An application by a unit of local government which is
  274  approved by the Legislature and subsequently certified by the
  275  department remains certified for the duration of the
  276  beneficiary’s agreement with the applicant or for 30 years,
  277  whichever is less, provided the certified applicant has an
  278  agreement with a beneficiary at the time of initial
  279  certification by the department.
  280         2. An application by a beneficiary or other applicant which
  281  is approved by the Legislature and subsequently certified by the
  282  department remains certified for the duration of the
  283  beneficiary’s agreement with the unit of local government that
  284  owns the underlying property or for 30 years, whichever is less,
  285  provided the certified applicant has an agreement with the unit
  286  of local government at the time of initial certification by the
  287  department.
  288         3. An applicant that is previously certified pursuant to
  289  this section does not need legislative approval each year to
  290  receive state funding.
  291         (f) An applicant that is recommended by the department but
  292  not approved by the Legislature may reapply and shall update any
  293  information in the original application as required by the
  294  department.
  295         (g) The department may recommend no more than one
  296  distribution under this section for any applicant, facility, or
  297  beneficiary at a time.
  298         (h) An application submitted either by a first-time
  299  applicant whose project exceeds $300 million and commenced on
  300  the facility’s existing site before January 1, 2014, or by a
  301  beneficiary that has completed the terms of a previous agreement
  302  for distributions under chapter 212 for an existing facility
  303  shall be considered an application for a new facility for
  304  purposes that include, but are not limited to, incremental and
  305  baseline tax calculations.
  306         (5) EVALUATION PROCESS.—
  307         (a) Before recommending an applicant to receive a state
  308  distribution under s. 212.20(6)(d)6.f., the department must
  309  verify that:
  310         1. The applicant or beneficiary is responsible for the
  311  construction, reconstruction, renovation, or improvement of a
  312  facility and obtained at least three bids for the project.
  313         2. If the applicant is not a unit of local government, a
  314  unit of local government holds title to the property on which
  315  the facility and project are located.
  316         3. If the applicant is a unit of local government in whose
  317  jurisdiction the facility will be located, the unit of local
  318  government has an exclusive intent agreement to negotiate in
  319  this state with the beneficiary.
  320         4. A unit of local government in whose jurisdiction the
  321  facility will be located supports the application for state
  322  funds. Such support must be verified by the adoption of a
  323  resolution, after a public hearing, that the project serves a
  324  public purpose.
  325         5. The applicant or beneficiary has not previously
  326  defaulted or failed to meet any statutory requirements of a
  327  previous state-administered sports-related program under s.
  328  288.1162, s. 288.11621, or s. 288.1168. Additionally, the
  329  applicant or beneficiary is not currently receiving state
  330  distributions under s. 212.20 for the facility that is the
  331  subject of the application, unless the applicant demonstrates
  332  that the franchise that applied for a distribution under s.
  333  212.20 no longer plays at the facility that is the subject of
  334  the application.
  335         6. The applicant or beneficiary has sufficiently
  336  demonstrated a commitment to employ residents of this state,
  337  contract with Florida-based firms, and purchase locally
  338  available building materials to the greatest extent possible.
  339         7. If the applicant is a unit of local government, the
  340  applicant has a certified copy of a signed agreement with a
  341  beneficiary for the use of the facility. If the applicant is a
  342  beneficiary, the beneficiary must enter into an agreement with
  343  the department. The applicant’s or beneficiary’s agreement must
  344  also require the following:
  345         a. The beneficiary must reimburse the state for state funds
  346  that have been distributed and will be distributed if the
  347  beneficiary relocates before the agreement expires.
  348         b. The beneficiary must pay for signage or advertising
  349  within the facility. The signage or advertising must be placed
  350  in a prominent location as close to the field of play or
  351  competition as is practicable, must be displayed consistent with
  352  signage or advertising in the same location and of like value,
  353  and must feature Florida advertising approved by the Florida
  354  Tourism Industry Marketing Corporation.
  355         8. The project will commence within 12 months after
  356  receiving state funds or did not commence more than 16 months
  357  before July 1, 2014.
  358         (b) The department shall competitively evaluate and rank
  359  applicants that timely submit applications for state funding
  360  based on their ability to positively impact the state using the
  361  following criteria:
  362         1. The proposed use of state funds.
  363         2. The length of time that a beneficiary has agreed to use
  364  the facility.
  365         3. The percentage of total project funds provided by the
  366  applicant and the percentage of total project funds provided by
  367  the beneficiary, with priority in the evaluation and ranking
  368  given to applications with 50 percent or more of total project
  369  funds provided by the applicant and beneficiary.
  370         4. The number and type of signature events the facility is
  371  likely to attract during the duration of the agreement with the
  372  beneficiary.
  373         5. The anticipated increase in average annual ticket sales
  374  and attendance at the facility due to the project.
  375         6. The potential to attract out-of-state visitors to the
  376  facility.
  377         7. The length of time a beneficiary has been in this state
  378  or partnered with the unit of local government. In order to
  379  encourage new franchises to locate in this state, an application
  380  for a new franchise shall be considered to have a significant
  381  positive impact on the state and shall be given priority in the
  382  evaluation and ranking by the department.
  383         8. The multiuse capabilities of the facility.
  384         9. The facility’s projected employment of residents of this
  385  state, contracts with Florida-based firms, and purchases of
  386  locally available building materials.
  387         10. The amount of private and local financial or in-kind
  388  contributions to the project.
  389         11. The amount of positive advertising or media coverage
  390  the facility generates.
  391         (6) DISTRIBUTION.—
  392         (a) The department shall determine the annual distribution
  393  amount an applicant may receive based on 80 percent of the
  394  average annual new incremental state sales taxes generated by
  395  sales at the facility, as provided under subparagraph (b)2., and
  396  such annual distribution shall be limited by the following:
  397         1. If the total project cost is $200 million or greater,
  398  the annual distribution amount may be up to $3 million.
  399         2. If the total project cost is at least $100 million but
  400  less than $200 million, the annual distribution amount may be up
  401  to $2 million.
  402         3. If the total project cost is less than $100 million, the
  403  annual distribution amount may be up to $1 million.
  404         (b) At the time of initial evaluation and review by the
  405  department pursuant to subsection (5), the applicant must
  406  provide an analysis by an independent certified public
  407  accountant which demonstrates:
  408         1. The amount of state sales taxes generated by sales at
  409  the facility during the 12-month period immediately before the
  410  beginning of the application period. This amount is the
  411  baseline. Notwithstanding any other provision of this section,
  412  for projects with a total cost of more than $300 million which
  413  are at least 90 percent funded by private sources, the baseline
  414  shall be zero for purposes of this section.
  415         2. The expected amount of average annual new incremental
  416  state sales taxes generated by sales at the facility above the
  417  baseline which will be generated as a result of the project.
  418         3. The expected amount of average annual new incremental
  419  state sales taxes generated by sales at the facility must be at
  420  least $500,000 above the baseline for the applicant to be
  421  eligible to receive a distribution under this section.
  422         (c) The independent analysis provided in paragraph (b)
  423  shall be verified by the department.
  424         (d) The Department of Revenue shall begin distributions
  425  within 45 days after notification of initial certification from
  426  the department.
  427         (e) The department shall consult with the Department of
  428  Revenue and the Office of Economic and Demographic Research to
  429  develop a standard calculation for estimating the average annual
  430  new incremental state sales taxes generated by sales at the
  431  facility.
  432         (f) In any 12-month period when total distributions for all
  433  certified applicants reach $13 million, the department may not
  434  certify new distributions for additional applicants. In the
  435  2014-2015 fiscal year, the department may not certify total
  436  distributions of more than $6 million for all certified
  437  applicants.
  438         (7) CONTRACT.—An applicant approved by the Legislature and
  439  certified by the department must enter into a contract with the
  440  department which:
  441         (a) Specifies the terms of the state’s investment.
  442         (b) States the criteria that the certified applicant must
  443  meet in order to remain certified.
  444         (c) Requires the applicant to submit the independent
  445  analysis required under subsection (6) and an annual independent
  446  analysis.
  447         1. The applicant must agree to submit to the department,
  448  beginning 12 months after completion of a project or 12 months
  449  after the first four annual distributions, whichever is earlier,
  450  an annual analysis by an independent certified public accountant
  451  demonstrating the actual amount of new incremental state sales
  452  taxes generated by sales at the facility during the previous 12
  453  month period. The applicant shall certify to the department a
  454  comparison of the actual amount of state sales taxes generated
  455  by sales at the facility during the previous 12-month period to
  456  the baseline under subparagraph (6)(b)1.
  457         2. The applicant must submit the certification within 60
  458  days after the end of the previous 12-month period. The
  459  department shall verify the analysis.
  460         (d) Specifies information that the certified applicant must
  461  report to the department.
  462         (e) Requires the applicant to reimburse the state, after
  463  all distributions have been made, an amount equal to the
  464  difference between the actual new incremental state sales taxes
  465  generated by sales at the facility during the contract and the
  466  total amount of distributions made under s. 212.20(6)(d)6.f. If
  467  any reimbursement is due to the state, such reimbursement must
  468  be made within 90 days after the last distribution under the
  469  contract has been made. If the applicant is unable or unwilling
  470  to reimburse the state for such amount, the department may place
  471  a lien on the applicant’s facility.
  472         1. If the applicant is a municipality or county, it may
  473  reimburse the state from its half-cent sales tax allocation, as
  474  provided in s. 218.64(3).
  475         2. Reimbursements must be sent to the Department of Revenue
  476  for deposit into the General Revenue Fund.
  477         (f) Includes any provisions deemed prudent by the
  478  department.
  479         (8) USE OF FUNDS.—An applicant certified under this section
  480  may use state funds only for the following purposes:
  481         (a) Constructing, reconstructing, renovating, or improving
  482  a facility or reimbursing such costs.
  483         (b) Paying or pledging for the payment of debt service on
  484  bonds issued for the construction or renovation of such
  485  facility.
  486         (c) Funding debt service reserve funds, arbitrage rebate
  487  obligations, or other amounts payable with respect thereto on
  488  bonds issued for the construction or renovation of such
  489  facility.
  490         (d) Reimbursing the costs under paragraphs (b) and (c) or
  491  the refinancing of bonds issued for the construction or
  492  renovation of such facility.
  493         (9) REPORTS.—
  494         (a) On or before November 1 of each year, an applicant
  495  certified under this section and approved to receive state funds
  496  must submit to the department any information required by the
  497  department. The department shall summarize this information for
  498  inclusion in its annual report to the Legislature under
  499  paragraph (4)(d).
  500         (b) Every 5 years after an applicant receives its first
  501  monthly distribution, the department must verify that the
  502  applicant is meeting the program requirements. If the applicant
  503  fails to meet these requirements, the department shall notify
  504  the Governor and the Legislature in its next annual report under
  505  paragraph (4)(d) that the requirements are not being met and
  506  recommend future action. The department shall take into
  507  consideration extenuating circumstances that may have prevented
  508  the applicant from meeting the program requirements, such as
  509  force majeure events or a significant economic downturn.
  510         (10) AUDITS.—The Auditor General may conduct audits
  511  pursuant to s. 11.45 to verify the independent analysis required
  512  under paragraphs (6)(b) and (7)(c) and to verify that the
  513  distributions are expended as required. The Auditor General
  514  shall report the findings to the department. If the Auditor
  515  General determines that the distribution payments are not
  516  expended as required, the Auditor General must notify the
  517  Department of Revenue, which may pursue recovery of
  518  distributions under the laws and rules that govern the
  519  assessment of taxes.
  520         (11) APPLICATION RELATED TO NEW FACILITIES OR PROJECTS
  521  COMMENCED BEFORE JULY 1, 2014.—After May 1, 2014, an applicant
  522  may apply for state funds for a new facility or a project
  523  commenced between March 1, 2013, and July 1, 2014. The
  524  department must review the application and recommend approval to
  525  the Legislature. The Legislative Budget Commission may approve
  526  such applications on or after January 1, 2015. The department
  527  must certify the applicant within 45 days of approval by the
  528  Legislative Budget Commission. State funds may not be
  529  distributed until the department notifies the Department of
  530  Revenue that the applicant was approved by the Legislative
  531  Budget Commission and certified by the department. An applicant
  532  certified under this subsection is subject to the provisions and
  533  requirements of this section. An applicant that fails to meet
  534  the conditions of this subsection may reapply during future
  535  application periods.
  536         (12) REPAYMENT OF DISTRIBUTIONS.—An applicant that is
  537  certified under this section may be subject to repayment of
  538  distributions upon the occurrence of any of the following:
  539         (a) An applicant’s beneficiary has broken the terms of its
  540  agreement with the applicant and relocated from the facility.
  541  The beneficiary must reimburse the state for state funds that
  542  will be distributed if the beneficiary relocates before the
  543  agreement expires.
  544         (b) A determination by the department that an applicant has
  545  submitted information or made a representation that is
  546  determined to be false, misleading, deceptive, or otherwise
  547  untrue. The applicant must reimburse the state for state funds
  548  that will be distributed if such determination is made.
  549         (c)Repayment of distributions must be sent to the
  550  Department of Revenue for deposit into the General Revenue Fund.
  551         (13) HALTING OF PAYMENTS.—The applicant may request in
  552  writing at least 20 days before the next monthly distribution
  553  that the department halt future payments. The department shall
  554  immediately notify the Department of Revenue to halt future
  555  payments.
  556         (14) RULEMAKING.—The department may adopt rules to
  557  implement this section.
  558         Section 5. Paragraphs (a) and (c) of subsection (2) of
  559  section 288.11631, Florida Statutes, are amended, and paragraph
  560  (d) is added to that subsection, to read:
  561         288.11631 Retention of Major League Baseball spring
  562  training baseball franchises.—
  563         (2) CERTIFICATION PROCESS.—
  564         (a) Before certifying an applicant to receive state funding
  565  for a facility for a spring training franchise, the department
  566  must verify that:
  567         1. The applicant is responsible for the construction or
  568  renovation of the facility for a spring training franchise or
  569  holds title to the property on which the facility for a spring
  570  training franchise is located.
  571         2. The applicant has a certified copy of a signed agreement
  572  with a spring training franchise. The signed agreement with a
  573  spring training franchise for the use of a facility must, at a
  574  minimum, be equal to the length of the term of the bonds issued
  575  for the public purpose of constructing or renovating a facility
  576  for a spring training franchise. If no such bonds are issued for
  577  the public purpose of constructing or renovating a facility for
  578  a spring training franchise, the signed agreement with a spring
  579  training franchise for the use of a facility must be for at
  580  least 20 years. Any such agreement with a spring training
  581  franchise for the use of a facility cannot be signed more than 4
  582  years before the expiration of any existing agreement with a
  583  spring training franchise for the use of a facility. However,
  584  any such agreement may be signed at any time before the
  585  expiration of any existing agreement with a spring training
  586  franchise for use of a facility if the applicant has never
  587  received state funding for the facility as a spring training
  588  facility under this section or s. 288.11621 and the facility was
  589  constructed before January 1, 2000. The agreement must also
  590  require the franchise to reimburse the state for state funds
  591  expended by an applicant under this section if the franchise
  592  relocates before the agreement expires; however, if bonds were
  593  issued to construct or renovate a facility for a spring training
  594  franchise, the required reimbursement must be equal to the total
  595  amount of state distributions expected to be paid from the date
  596  the franchise breaks its agreement with the applicant through
  597  the final maturity of the bonds. The agreement may be contingent
  598  on an award of funds under this section and other conditions
  599  precedent.
  600         3. The applicant has made a financial commitment to provide
  601  50 percent or more of the funds required by an agreement for the
  602  construction or renovation of the facility for a spring training
  603  franchise. The commitment may be contingent upon an award of
  604  funds under this section and other conditions precedent.
  605         4. The applicant demonstrates that the facility for a
  606  spring training franchise will attract a paid attendance of at
  607  least 50,000 persons annually to the spring training games.
  608         5. The facility for a spring training franchise is located
  609  in a county that levies a tourist development tax under s.
  610  125.0104.
  611         (c) Each applicant certified on or after July 1, 2013,
  612  shall enter into an agreement with the department which:
  613         1. Specifies the amount of the state incentive funding to
  614  be distributed. The amount of state incentive funding per
  615  certified applicant may not exceed $20 million. However, if a
  616  certified applicant’s facility is used by more than one spring
  617  training franchise, the maximum amount may not exceed $50
  618  million, and the Department of Revenue shall make distributions
  619  to the applicant pursuant to s. 212.20(6)(d)6.e. for not more
  620  than 37 years and 6 months.
  621         2. States the criteria that the certified applicant must
  622  meet in order to remain certified. These criteria must include a
  623  provision stating that the spring training franchise must
  624  reimburse the state for any funds received if the franchise does
  625  not comply with the terms of the contract. If bonds were issued
  626  to construct or renovate a facility for a spring training
  627  franchise, the required reimbursement must be equal to the total
  628  amount of state distributions expected to be paid from the date
  629  the franchise violates the agreement with the applicant through
  630  the final maturity of the bonds.
  631         3. States that the certified applicant is subject to
  632  decertification if the certified applicant fails to comply with
  633  this section or the agreement.
  634         4. States that the department may recover state incentive
  635  funds if the certified applicant is decertified.
  636         5. Specifies the information that the certified applicant
  637  must report to the department.
  638         6. Includes any provision deemed prudent by the department.
  639         (d) If a certified applicant has been certified under this
  640  program for use of its facility by one spring training
  641  franchise, the certified applicant may apply to amend its
  642  certification for use of its facility by more than one spring
  643  training franchise. The certified applicant must submit an
  644  application to amend its original certification that meets the
  645  requirements of this section. The maximum amount of state
  646  incentive funding to be distributed may not exceed $50 million
  647  as provided in subparagraph (c)1. for a certified applicant with
  648  a facility used by more than one spring training franchise,
  649  including any distributions previously received by the certified
  650  applicant under its original certification under this section.
  651  Upon approval of an amended certification, the department shall
  652  notify the Department of Revenue as provided in this section.
  653         Section 6. Section 288.1166, Florida Statutes, is amended
  654  to read:
  655         288.1166 Professional sports facility; designation as
  656  shelter site for the homeless; establishment of local programs.—
  657         (1) A Any professional sports facility constructed with
  658  financial assistance from the state of Florida shall be
  659  designated as a shelter site for the homeless during the period
  660  of a declared federal, state, or local emergency in accordance
  661  with the criteria of locally existing homeless shelter programs
  662  unless:, except when
  663         (a) The facility is otherwise contractually obligated for a
  664  specific event or activity;
  665         (b) The facility is designated or used by the county owning
  666  the facility as a staging area; or
  667         (c) The county owning the facility also owns or operates
  668  homeless assistance centers and the county determines there
  669  exists sufficient capacity to meet the sheltering needs of
  670  homeless persons within the county.
  671         (2) If Should a local program does not exist be in
  672  existence in the facility’s area, such program shall be
  673  established in accordance with normally accepted criteria as
  674  defined by the county or its designee.
  675         Section 7. (1) The executive director of the Department of
  676  Economic Opportunity is authorized, and all conditions are
  677  deemed met, to adopt emergency rules pursuant to ss. 120.536(1)
  678  and 120.54(4), Florida Statutes, for the purpose of implementing
  679  this act.
  680         (2) Notwithstanding any provision of law, such emergency
  681  rules shall remain in effect for 6 months after the date adopted
  682  and may be renewed during the pendency of procedures to adopt
  683  permanent rules addressing the subject of the emergency rules.
  684         (3) This section expires July 1, 2015.
  685         Section 8. This act shall take effect upon becoming a law.
  686  
  687  ================= T I T L E  A M E N D M E N T ================
  688  And the title is amended as follows:
  689         Delete everything before the enacting clause
  690  and insert:
  691                        A bill to be entitled                      
  692         An act relating to professional sports facilities;
  693         amending s. 212.20, F.S.; revising the distribution of
  694         moneys to certified applicants for a facility used by
  695         a spring training franchise under s. 288.11631, F.S.;
  696         authorizing a distribution for an applicant that has
  697         been approved by the Legislature and certified by the
  698         Department of Economic Opportunity under s. 288.11625,
  699         F.S.; providing a limitation; amending s. 218.64,
  700         F.S.; providing for municipalities and counties to
  701         expend an increased portion of local government half
  702         cent sales tax revenues to reimburse the state as
  703         required by a contract; amending s. 288.0001, F.S.;
  704         providing for an evaluation; creating s. 288.11625,
  705         F.S.; requiring the Department of Economic Opportunity
  706         to screen applicants for state funding for sports
  707         development; defining terms; providing a purpose to
  708         provide funding for applicants for constructing,
  709         reconstructing, renovating, or improving a facility;
  710         providing an application and approval process;
  711         providing for an annual application period; providing
  712         for the department to submit recommendations to the
  713         Legislature by a certain date; requiring legislative
  714         approval for state funding; providing evaluation
  715         criteria for an applicant to receive state funding;
  716         providing for evaluation and ranking of applicants
  717         under certain criteria; requiring the department to
  718         determine the annual distribution amount an applicant
  719         may receive; requiring the applicant to provide an
  720         analysis by a certified public accountant to the
  721         department; requiring the Department of Revenue to
  722         distribute funds within a certain timeframe after
  723         notification by the department; requiring the
  724         department to develop a calculation to estimate
  725         certain taxes; limiting annual distributions to a
  726         specified amount; providing for a contract between the
  727         department and the applicant; limiting use of funds;
  728         requiring an applicant to submit information to the
  729         department annually; requiring a 5-year review;
  730         authorizing the Auditor General to conduct audits;
  731         authorizing the Legislative Budget Commission to
  732         approve an application; providing for reimbursement of
  733         the state funding under certain circumstances;
  734         providing for discontinuation of distributions upon an
  735         applicant’s request; authorizing the department to
  736         adopt rules; amending s. 288.11631, F.S.; revising the
  737         requirements for an applicant to be certified to
  738         receive state funding for a facility for a spring
  739         training franchise; authorizing a certified applicant
  740         to submit an amendment to its original certification
  741         for use of the facility by more than one spring
  742         training franchise; amending s. 288.1166, F.S.;
  743         providing that certain professional sports facilities
  744         are designated as shelter sites for the homeless
  745         during declared federal, state, or local emergencies;
  746         providing exceptions; authorizing the department to
  747         adopt emergency rules; providing an effective date.