Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. PCS (123970) for SB 1214
Ì473484@Î473484
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/22/2015 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Appropriations (Latvala) recommended the
following:
1 Senate Amendment to Amendment (160810) (with title
2 amendment)
3
4 Delete lines 199 - 236
5 and insert:
6 d. Beginning 30 days after notice by the Department of
7 Economic Opportunity to the Department of Revenue that the
8 applicant has been certified as the International Game Fish
9 Association World Center facility pursuant to s. 288.1169, and
10 the facility is open to the public, $83,333 shall be distributed
11 monthly, for up to 168 months, to the applicant. This
12 distribution is subject to reduction pursuant to s. 288.1169. A
13 lump sum payment of $999,996 shall be made after certification
14 and before July 1, 2000.
15 e. The department shall distribute up to $83,333 monthly to
16 each certified applicant as defined in s. 288.11631 for a
17 facility used by a single spring training franchise, or up to
18 $166,667 monthly to each certified applicant as defined in s.
19 288.11631 for a facility used by more than one spring training
20 franchise. Monthly distributions begin 60 days after such
21 certification or July 1, 2016, whichever is later, and continue
22 for not more than 20 years to each certified applicant as
23 defined in s. 288.11631 for a facility used by a single spring
24 training franchise or not more than 25 years to each certified
25 applicant as defined in s. 288.11631 for a facility used by more
26 than one spring training franchise. A certified applicant
27 identified in this sub-subparagraph may not receive more in
28 distributions than expended by the applicant for the public
29 purposes provided in s. 288.11631(3).
30 e.f. Beginning 45 days after notice by the Department of
31 Economic Opportunity to the Department of Revenue that an
32 applicant has been approved by the Legislature and certified by
33 the Department of Economic Opportunity under s. 288.11625 or
34 upon a date specified by the Department of Economic Opportunity
35 as provided under s. 288.11625(6)(d), the department shall
36 distribute each month an amount equal to one-twelfth of the
37 annual distribution amount certified by the Department of
38 Economic Opportunity for the applicant. The department may not
39 distribute more than $7 million in the 2014-2015 fiscal year or
40 more than $13 million annually thereafter under this sub
41 subparagraph.
42 7. All other proceeds must remain in the General Revenue
43 Fund.
44 Section 5. Subsections (1) and (3), paragraph (a) of
45 subsection (5), and paragraph (e) of subsection (7) of section
46 288.11625, Florida Statutes, are amended to read:
47 288.11625 Sports development.—
48 (1) ADMINISTRATION.—The department shall serve as the state
49 agency responsible for screening applicants for state funding
50 under s. 212.20(6)(d)6.e. s. 212.20(6)(d)6.f.
51 (3) PURPOSE.—The purpose of this section is to provide
52 applicants state funding under s. 212.20(6)(d)6.e. s.
53 212.20(6)(d)6.f. for the public purpose of constructing,
54 reconstructing, renovating, or improving a facility.
55 (5) EVALUATION PROCESS.—
56 (a) Before recommending an applicant to receive a state
57 distribution under s. 212.20(6)(d)6.e. s. 212.20(6)(d)6.f., the
58 department must verify that:
59 1. The applicant or beneficiary is responsible for the
60 construction, reconstruction, renovation, or improvement of a
61 facility and obtained at least three bids for the project.
62 2. If the applicant is not a unit of local government, a
63 unit of local government holds title to the property on which
64 the facility and project are, or will be, located.
65 3. If the applicant is a unit of local government in whose
66 jurisdiction the facility is, or will be, located, the unit of
67 local government has an exclusive intent agreement to negotiate
68 in this state with the beneficiary.
69 4. A unit of local government in whose jurisdiction the
70 facility is, or will be, located supports the application for
71 state funds. Such support must be verified by the adoption of a
72 resolution, after a public hearing, that the project serves a
73 public purpose.
74 5. The applicant or beneficiary has not previously
75 defaulted or failed to meet any statutory requirements of a
76 previous state-administered sports-related program under s.
77 288.1162, s. 288.11621, s. 288.11631, or this section.
78 Additionally, the applicant or beneficiary is not currently
79 receiving state distributions under s. 212.20 for the facility
80 that is the subject of the application, unless the applicant
81 demonstrates that the franchise that applied for a distribution
82 under s. 212.20 no longer plays at the facility that is the
83 subject of the application.
84 6. The applicant or beneficiary has sufficiently
85 demonstrated a commitment to employ residents of this state,
86 contract with Florida-based firms, and purchase locally
87 available building materials to the greatest extent possible.
88 7. If the applicant is a unit of local government, the
89 applicant has a certified copy of a signed agreement with a
90 beneficiary for the use of the facility. If the applicant is a
91 beneficiary, the beneficiary must enter into an agreement with
92 the department. The applicant’s or beneficiary’s agreement must
93 also require the following:
94 a. The beneficiary must reimburse the state for state funds
95 that will be distributed if the beneficiary relocates or no
96 longer occupies or uses the facility as the facility’s primary
97 tenant before the agreement expires. Reimbursements must be sent
98 to the Department of Revenue for deposit into the General
99 Revenue Fund.
100 b. The beneficiary must pay for signage or advertising
101 within the facility. The signage or advertising must be placed
102 in a prominent location as close to the field of play or
103 competition as is practicable, must be displayed consistent with
104 signage or advertising in the same location and of like value,
105 and must feature Florida advertising approved by the Florida
106 Tourism Industry Marketing Corporation.
107 8. The project will commence within 12 months after
108 receiving state funds or did not commence before January 1,
109 2013.
110 (7) CONTRACT.—An applicant approved by the Legislature and
111 certified by the department must enter into a contract with the
112 department which:
113 (e) Requires the applicant to reimburse the state by
114 electing to do one of the following:
115 1. After all distributions have been made, reimburse at the
116 end of the contract term any amount by which the total
117 distributions made under s. 212.20(6)(d)6.e. s. 212.20(6)(d)6.f.
118 exceed actual new incremental state sales taxes generated by
119 sales at the facility during the contract, plus a 5 percent
120 penalty on that amount.
121 2. After the applicant begins to submit the independent
122 analysis under paragraph (c), reimburse each year any amount by
123 which the previous year’s annual distribution exceeds 75 percent
124 of the actual new incremental state sales taxes generated by
125 sales at the facility.
126
127 Any reimbursement due to the state must be made within 90 days
128 after the applicable distribution under this paragraph. If the
129 applicant is unable or unwilling to reimburse the state for such
130 amount, the department may place a lien on the applicant’s
131 facility. If the applicant is a municipality or county, it may
132 reimburse the state from its half-cent sales tax allocation, as
133 provided in s. 218.64(3). Reimbursements must be sent to the
134 Department of Revenue for deposit into the General Revenue Fund.
135 Section 6. Paragraph (c) of subsection (2) and paragraphs
136 (a), (c), and (d) of subsection (3) of section 288.11631,
137 Florida Statutes, are amended to read:
138 288.11631 Retention of Major League Baseball spring
139 training baseball franchises.—
140 (2) CERTIFICATION PROCESS.—
141 (c) Each applicant certified on or after July 1, 2013,
142 shall enter into an agreement with the department which:
143 1. Specifies the amount of the state incentive funding to
144 be distributed. The amount of state incentive funding per
145 certified applicant may not exceed $20 million. However, if a
146 certified applicant’s facility is used by more than one spring
147 training franchise, the maximum amount may not exceed $50
148 million, and the Department of Revenue shall make distributions
149 to the applicant pursuant to s. 212.20(6)(d)6.d. s.
150 212.20(6)(d)6.e.
151 2. States the criteria that the certified applicant must
152 meet in order to remain certified. These criteria must include a
153 provision stating that the spring training franchise must
154 reimburse the state for any funds received if the franchise does
155 not comply with the terms of the contract. If bonds were issued
156 to construct or renovate a facility for a spring training
157 franchise, the required reimbursement must be equal to the total
158 amount of state distributions expected to be paid from the date
159 the franchise violates the agreement with the applicant through
160 the final maturity of the bonds.
161 3. States that the certified applicant is subject to
162 decertification if the certified applicant fails to comply with
163 this section or the agreement.
164 4. States that the department may recover state incentive
165 funds if the certified applicant is decertified.
166 5. Specifies the information that the certified applicant
167 must report to the department.
168 6. Includes any provision deemed prudent by the department.
169 (3) USE OF FUNDS.—
170 (a) A certified applicant may use funds provided under s.
171 212.20(6)(d)6.d. s. 212.20(6)(d)6.e. only to:
172 1. Serve the public purpose of constructing or renovating a
173 facility for a spring training franchise.
174 2. Pay or pledge for the payment of debt service on, or to
175 fund debt service reserve funds, arbitrage rebate obligations,
176 or other amounts payable with respect thereto, bonds issued for
177 the construction or renovation of such facility, or for the
178 reimbursement of such costs or the refinancing of bonds issued
179 for such purposes.
180 (c) The Department of Revenue may not distribute funds
181 under s. 212.20(6)(d)6.d. s. 212.20(6)(d)6.e. until July 1,
182 2016. Further, the Department of Revenue may not distribute
183 funds to an applicant certified on or after July 1, 2013, until
184 it receives notice from the department that:
185 1. The certified applicant has encumbered funds under
186 either subparagraph (a)1. or subparagraph (a)2.; and
187 2. If applicable, any existing agreement with a spring
188 training franchise for the use of a facility has expired.
189 (d)1. All certified applicants shall place unexpended state
190 funds received pursuant to s. 212.20(6)(d)6.d. s.
191 212.20(6)(d)6.e. in a trust fund or separate account for use
192 only as authorized in this section.
193 2. A certified applicant may request that the department
194 notify the Department of Revenue to suspend further
195 distributions of state funds made available under s.
196 212.20(6)(d)6.d. s. 212.20(6)(d)6.e. for 12 months after
197 expiration of an existing agreement with a spring training
198 franchise to provide the certified applicant with an opportunity
199 to enter into a new agreement with a spring training franchise,
200 at which time the distributions shall resume.
201 3. The expenditure of state funds distributed to an applicant
202 certified after July 1, 2013, must begin within 48 months after
203 the initial receipt of the state funds. In addition, the
204 construction or renovation of a spring training facility must be
205 completed within 24 months after the project’s commencement.
206
207 ================= T I T L E A M E N D M E N T ================
208 And the title is amended as follows:
209 Delete lines 4115 - 4117
210 and insert:
211 conforming a cross-reference; amending ss. 163.524 and
212 212.08, F.S.; conforming cross-references; amending s.
213 212.20, F.S.; deleting an obsolete provision; amending
214 ss. 288.11625, 288.11631, and 220.1899, F.S.;
215 conforming cross-references; amending s. 220.191,
216 F.S.; redefining the