Florida Senate - 2017 SB 236
By Senator Lee
20-00376-17 2017236__
1 A bill to be entitled
2 An act relating to sports development; repealing s.
3 288.11625, F.S., relating to state funding for sports
4 facility development by a unit of local government, or
5 by a certified beneficiary or other applicant, on
6 property owned by the local government; amending ss.
7 212.20, 218.64, and 288.0001, F.S.; conforming
8 provisions to changes made by the act; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 288.11625, Florida Statutes, is
14 repealed.
15 Section 2. Paragraph (d) of subsection (6) of section
16 212.20, Florida Statutes, is amended to read:
17 212.20 Funds collected, disposition; additional powers of
18 department; operational expense; refund of taxes adjudicated
19 unconstitutionally collected.—
20 (6) Distribution of all proceeds under this chapter and ss.
21 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
22 (d) The proceeds of all other taxes and fees imposed
23 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
24 and (2)(b) shall be distributed as follows:
25 1. In any fiscal year, the greater of $500 million, minus
26 an amount equal to 4.6 percent of the proceeds of the taxes
27 collected pursuant to chapter 201, or 5.2 percent of all other
28 taxes and fees imposed pursuant to this chapter or remitted
29 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
30 monthly installments into the General Revenue Fund.
31 2. After the distribution under subparagraph 1., 8.9744
32 percent of the amount remitted by a sales tax dealer located
33 within a participating county pursuant to s. 218.61 shall be
34 transferred into the Local Government Half-cent Sales Tax
35 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
36 transferred shall be reduced by 0.1 percent, and the department
37 shall distribute this amount to the Public Employees Relations
38 Commission Trust Fund less $5,000 each month, which shall be
39 added to the amount calculated in subparagraph 3. and
40 distributed accordingly.
41 3. After the distribution under subparagraphs 1. and 2.,
42 0.0966 percent shall be transferred to the Local Government
43 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
44 to s. 218.65.
45 4. After the distributions under subparagraphs 1., 2., and
46 3., 2.0810 percent of the available proceeds shall be
47 transferred monthly to the Revenue Sharing Trust Fund for
48 Counties pursuant to s. 218.215.
49 5. After the distributions under subparagraphs 1., 2., and
50 3., 1.3653 percent of the available proceeds shall be
51 transferred monthly to the Revenue Sharing Trust Fund for
52 Municipalities pursuant to s. 218.215. If the total revenue to
53 be distributed pursuant to this subparagraph is at least as
54 great as the amount due from the Revenue Sharing Trust Fund for
55 Municipalities and the former Municipal Financial Assistance
56 Trust Fund in state fiscal year 1999-2000, no municipality shall
57 receive less than the amount due from the Revenue Sharing Trust
58 Fund for Municipalities and the former Municipal Financial
59 Assistance Trust Fund in state fiscal year 1999-2000. If the
60 total proceeds to be distributed are less than the amount
61 received in combination from the Revenue Sharing Trust Fund for
62 Municipalities and the former Municipal Financial Assistance
63 Trust Fund in state fiscal year 1999-2000, each municipality
64 shall receive an amount proportionate to the amount it was due
65 in state fiscal year 1999-2000.
66 6. Of the remaining proceeds:
67 a. In each fiscal year, the sum of $29,915,500 shall be
68 divided into as many equal parts as there are counties in the
69 state, and one part shall be distributed to each county. The
70 distribution among the several counties must begin each fiscal
71 year on or before January 5th and continue monthly for a total
72 of 4 months. If a local or special law required that any moneys
73 accruing to a county in fiscal year 1999-2000 under the then
74 existing provisions of s. 550.135 be paid directly to the
75 district school board, special district, or a municipal
76 government, such payment must continue until the local or
77 special law is amended or repealed. The state covenants with
78 holders of bonds or other instruments of indebtedness issued by
79 local governments, special districts, or district school boards
80 before July 1, 2000, that it is not the intent of this
81 subparagraph to adversely affect the rights of those holders or
82 relieve local governments, special districts, or district school
83 boards of the duty to meet their obligations as a result of
84 previous pledges or assignments or trusts entered into which
85 obligated funds received from the distribution to county
86 governments under then-existing s. 550.135. This distribution
87 specifically is in lieu of funds distributed under s. 550.135
88 before July 1, 2000.
89 b. The department shall distribute $166,667 monthly to each
90 applicant certified as a facility for a new or retained
91 professional sports franchise pursuant to s. 288.1162. Up to
92 $41,667 shall be distributed monthly by the department to each
93 certified applicant as defined in s. 288.11621 for a facility
94 for a spring training franchise. However, not more than $416,670
95 may be distributed monthly in the aggregate to all certified
96 applicants for facilities for spring training franchises.
97 Distributions begin 60 days after such certification and
98 continue for not more than 30 years, except as otherwise
99 provided in s. 288.11621. A certified applicant identified in
100 this sub-subparagraph may not receive more in distributions than
101 expended by the applicant for the public purposes provided in s.
102 288.1162(5) or s. 288.11621(3).
103 c. Beginning 30 days after notice by the Department of
104 Economic Opportunity to the Department of Revenue that an
105 applicant has been certified as the professional golf hall of
106 fame pursuant to s. 288.1168 and is open to the public, $166,667
107 shall be distributed monthly, for up to 300 months, to the
108 applicant.
109 d. Beginning 30 days after notice by the Department of
110 Economic Opportunity to the Department of Revenue that the
111 applicant has been certified as the International Game Fish
112 Association World Center facility pursuant to s. 288.1169, and
113 the facility is open to the public, $83,333 shall be distributed
114 monthly, for up to 168 months, to the applicant. This
115 distribution is subject to reduction pursuant to s. 288.1169. A
116 lump sum payment of $999,996 shall be made after certification
117 and before July 1, 2000.
118 e. The department shall distribute up to $83,333 monthly to
119 each certified applicant as defined in s. 288.11631 for a
120 facility used by a single spring training franchise, or up to
121 $166,667 monthly to each certified applicant as defined in s.
122 288.11631 for a facility used by more than one spring training
123 franchise. Monthly distributions begin 60 days after such
124 certification or July 1, 2016, whichever is later, and continue
125 for not more than 20 years to each certified applicant as
126 defined in s. 288.11631 for a facility used by a single spring
127 training franchise or not more than 25 years to each certified
128 applicant as defined in s. 288.11631 for a facility used by more
129 than one spring training franchise. A certified applicant
130 identified in this sub-subparagraph may not receive more in
131 distributions than expended by the applicant for the public
132 purposes provided in s. 288.11631(3).
133 f. Beginning 45 days after notice by the Department of
134 Economic Opportunity to the Department of Revenue that an
135 applicant has been approved by the Legislature and certified by
136 the Department of Economic Opportunity under s. 288.11625 or
137 upon a date specified by the Department of Economic Opportunity
138 as provided under s. 288.11625(6)(d), the department shall
139 distribute each month an amount equal to one-twelfth of the
140 annual distribution amount certified by the Department of
141 Economic Opportunity for the applicant. The department may not
142 distribute more than $7 million in the 2014-2015 fiscal year or
143 more than $13 million annually thereafter under this sub
144 subparagraph.
145 f.g. Beginning December 1, 2015, and ending June 30, 2016,
146 the department shall distribute $26,286 monthly to the State
147 Transportation Trust Fund. Beginning July 1, 2016, the
148 department shall distribute $15,333 monthly to the State
149 Transportation Trust Fund.
150 7. All other proceeds must remain in the General Revenue
151 Fund.
152 Section 3. Subsection (2) and paragraph (c) of subsection
153 (3) of section 218.64, Florida Statutes, are amended to read:
154 218.64 Local government half-cent sales tax; uses;
155 limitations.—
156 (2) Municipalities shall expend their portions of the local
157 government half-cent sales tax only for municipality-wide
158 programs, for reimbursing the state as required pursuant to s.
159 288.11625, or for municipality-wide property tax or municipal
160 utility tax relief. All utility tax rate reductions afforded by
161 participation in the local government half-cent sales tax shall
162 be applied uniformly across all types of taxed utility services.
163 (3) Subject to ordinances enacted by the majority of the
164 members of the county governing authority and by the majority of
165 the members of the governing authorities of municipalities
166 representing at least 50 percent of the municipal population of
167 such county, counties may use up to $3 million annually of the
168 local government half-cent sales tax allocated to that county
169 for any of the following purposes:
170 (c) Reimbursing the state as required under s. 288.11625.
171 Section 4. Paragraph (e) of subsection (2) of section
172 288.0001, Florida Statutes, is amended to read:
173 288.0001 Economic Development Programs Evaluation.—The
174 Office of Economic and Demographic Research and the Office of
175 Program Policy Analysis and Government Accountability (OPPAGA)
176 shall develop and present to the Governor, the President of the
177 Senate, the Speaker of the House of Representatives, and the
178 chairs of the legislative appropriations committees the Economic
179 Development Programs Evaluation.
180 (2) The Office of Economic and Demographic Research and
181 OPPAGA shall provide a detailed analysis of economic development
182 programs as provided in the following schedule:
183 (e) Beginning January 1, 2018, and every 3 years
184 thereafter, an analysis of the Sports Development Program
185 established under s. 288.11625.
186 Section 5. This act shall take effect July 1, 2017.
187