Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 544
Barcode 422680
CHAMBER ACTION
Senate House
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11 The Committee on Transportation and Economic Development
12 Appropriations (Diaz de la Portilla) recommended the following
13 substitute for amendment (491462):
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15 Senate Amendment (with title amendment)
16 Delete everything after the enacting clause
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18 and insert:
19 Section 1. Section 288.11635, Florida Statutes, is
20 created to read:
21 288.11635 Professional sports franchise guarantees.--
22 (1) The Office of Tourism, Trade, and Economic
23 Development shall serve as the state agency for screening
24 applicants for state funding pursuant to s. 212.20(6)(d)7.c.
25 and for certifying an applicant as a facility for a
26 professional sports franchise which is eligible for funding
27 pursuant to s. 212.20(6)(d)7.c.
28 (2) As used in this section, the term:
29 (a) "Force majeure event" means a flood, fire or other
30 casualty, war, revolution, civil commotion, an act of a public
31 enemy, embargo, act of government in its sovereign capacity,
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 or labor difficulty, including without limitation, a strike,
2 lockout, or any circumstance beyond the reasonable control of
3 the professional sports franchise affected.
4 (b) "League" has the same meaning as provided in s.
5 288.1162.
6 (c) "Professional sports franchise" means a franchise
7 in the National League or the American League of Major League
8 Baseball, the National Basketball Association, the National
9 Football League, or the National Hockey League.
10 (d) "Unit of local government" has the same meaning as
11 provided in s. 218.369.
12 (3) The Office of Tourism, Trade, and Economic
13 Development shall adopt rules for the receipt and processing
14 of applications for funding pursuant to s. 212.20(6)(d)7.c.
15 (4) Before certifying an applicant as a facility for a
16 professional sports franchise which is eligible for funding
17 pursuant to s. 212.20(6)(d)7.c., the Office of Tourism, Trade,
18 and Economic Development must determine that:
19 (a) A unit of local government is responsible for the
20 construction, maintenance, or operation of the professional
21 sports franchise facility or holds title to or a leasehold
22 interest in the property on which the professional sports
23 franchise facility will be located and the person filing on
24 behalf of the applicant is or will be the owner or operator of
25 the professional sports franchise facility.
26 (b) The applicant has a verified copy of the approval
27 from the governing authority of the league in which the
28 professional sports franchise exists or verified evidence that
29 it had a league-authorized location in this state on or before
30 July 1, 2007.
31 (c) The applicant has projections, verified by the
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 Office of Tourism, Trade, and Economic Development, which
2 demonstrate that the professional sports franchise will
3 attract a paid attendance of more than 300,000 annually.
4 (d) The applicant has an independent analysis or
5 study, verified by the Office of Tourism, Trade, and Economic
6 Development, which demonstrates that the amount of the
7 revenues generated by the taxes imposed under chapter 212 with
8 respect to the use and operation of the professional sports
9 franchise facility will equal or exceed $4 million annually,
10 except that if the professional sports franchise that served
11 as an applicant's basis for certification under this section
12 did not serve as the applicant's basis for certification under
13 s. 288.1162, the verified analysis or study must demonstrate
14 that the amount of such tax revenues will equal or exceed $2
15 million annually.
16 (e) The municipality or county in which the facility
17 for a professional sports franchise is located has certified
18 by resolution after a public hearing that the application
19 serves a public purpose.
20 (f) The Office of Tourism, Trade, and Economic
21 Development has received a signed agreement for the benefit of
22 and enforceable by the Department of Revenue from the
23 applicant or current owner of the professional sports
24 franchise that formed the basis for the applicant's
25 certification pursuant to this section which guarantees that,
26 if the professional sports franchise ceases playing at least
27 90 percent of its home games in this state, including
28 preseason, regular season, and postseason games, unless the
29 cessation is a result of a force majeure event, the guarantor
30 will pay the Department of Revenue each year thereafter the
31 excess, if any, of the amount distributed pursuant to s.
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1 212.20(6)(d)7.c. to the applicant under this section during
2 such year and, if the same professional sports franchise also
3 formed the basis for an applicant's certification pursuant to
4 s. 288.1162, the amount distributed pursuant to s.
5 212.20(6)(d)7.b. to the applicant under s. 288.1162 during
6 such year, over the amount of the revenues generated by the
7 taxes imposed under chapter 212 with respect to the use and
8 operation of the certified facility during such year. Within
9 60 days after the professional sports franchise ceases playing
10 at least 90 percent of its home games in this state, the
11 guarantor shall provide the Department of Revenue with an
12 annuity contract issued by a person authorized to issue such
13 contracts in this state that will secure the guarantor's
14 obligation to make the payments provided in this paragraph.
15 The guarantee of the applicant or current owner of the
16 professional sports franchise shall be returned upon
17 substitution of the guarantee of any successor owner of the
18 applicant or professional sports franchise whose ownership has
19 been approved by the governing authority of the league in
20 which the professional sports franchise exists.
21 (g) The Office of Tourism, Trade, and Economic
22 Development has received evidence that one or more of the
23 municipality in which the facility for a professional sports
24 franchise is located, the county in which the facility for a
25 professional sports franchise is located, or the applicant and
26 the owner of the professional sports franchise that has served
27 as an applicant's basis for certification under this section
28 or its affiliates have previously contributed funds, or are
29 contractually committed to contribute funds during the next 30
30 years, for the construction or improvement of the facility for
31 a professional sports franchise which, in the aggregate,
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1 equals or exceeds $60 million.
2 (h) The applicant for each facility to be used by the
3 professional sports franchises listed in this act has a
4 verified copy of a binding agreement with the applicable
5 professional sports franchise that requires the franchise to
6 pay any cost overruns associated with the facility.
7 (5) An applicant certified as a facility for a
8 professional sports franchise which is certified for funding
9 pursuant to s. 212.20(6)(d)7.c. may use funds provided
10 pursuant to that sub-subparagraph only:
11 (a) For the public purpose of paying for the
12 acquisition, construction, reconstruction, renovation, capital
13 improvement, or maintenance of the facility for a professional
14 sports franchise or any ancillary facilities that support the
15 operations of any such facility, such as parking structures;
16 convention facilities and meeting rooms; retail and concession
17 space; health, fitness, and training facilities; and youth and
18 amateur sports facilities;
19 (b) To pay or pledge for the payment of debt service
20 on, or fund debt service reserve funds, arbitrage rebate
21 obligations, or other amounts payable with respect to, bonds
22 or other indebtedness issued for the acquisition,
23 construction, reconstruction, renovation, or capital
24 improvement of the facility for a professional sports
25 franchise or ancillary facilities; or
26 (c) For reimbursement of costs for the refinancing of
27 bonds or other indebtedness, including the payment of any
28 interest and prepayment premium or penalty thereon, issued for
29 the acquisition, construction, reconstruction, renovation, or
30 capital improvement of the facility for a professional sports
31 franchise or ancillary facilities.
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 (6) The Office of Tourism, Trade, and Economic
2 Development shall notify the Department of Revenue of any
3 facility certified as a facility for a professional sports
4 franchise which is eligible for funding pursuant to s.
5 212.20(6)(d)7.c. The Office of Tourism, Trade, and Economic
6 Development may only certify the following facilities:
7 (a) A facility within a unit of local government as
8 defined in s. 218.369, Florida Statutes, responsible for the
9 construction, management, or operation of the professional
10 sports franchise facility or holds title to the property on
11 which the facility is located for the purpose of acquisition,
12 construction, reconstruction, renovation, capital improvement
13 or maintenance of the facility for the benefit of the Tampa
14 Bay Lightning.
15 (b) A facility within a unit of local government as
16 defined in s. 218.369, Florida Statutes, is responsible for
17 the construction, management, or operation of the professional
18 sports franchise facility or holds title to the property on
19 which the facility is located for the purpose of acquisition,
20 construction, reconstruction, renovation, capital improvement
21 or maintenance of the facility for the benefit of the Orlando
22 Magic.
23 (c) A facility within a unit of local government as
24 defined in s. 218.369, Florida Statutes, is responsible for
25 the construction, management, or operation of the professional
26 sports franchise facility or holds title to the property on
27 which the facility is located for the purpose of acquisition,
28 construction, reconstruction, renovation, capital improvement
29 or maintenance of the facility for the benefit of the Florida
30 Marlins.
31 (7) The Department of Revenue may conduct audits as
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1 provided in s. 213.34 to verify that the distributions made
2 under this section have been expended as required in this
3 section. Such information is subject to the confidentiality
4 requirements of chapter 213. If the Department of Revenue
5 determines that the distributions made under this section have
6 not been expended as required by this section, it may pursue
7 recovery of the funds pursuant to the laws and rules governing
8 the assessment of taxes.
9 Section 2. Paragraph (d) of subsection (6) of section
10 212.20, Florida Statutes, is amended to read:
11 212.20 Funds collected, disposition; additional powers
12 of department; operational expense; refund of taxes
13 adjudicated unconstitutionally collected.--
14 (6) Distribution of all proceeds under this chapter
15 and s. 202.18(1)(b) and (2)(b) shall be as follows:
16 (d) The proceeds of all other taxes and fees imposed
17 pursuant to this chapter or remitted pursuant to s.
18 202.18(1)(b) and (2)(b) shall be distributed as follows:
19 1. In any fiscal year, the greater of $500 million,
20 minus an amount equal to 4.6 percent of the proceeds of the
21 taxes collected pursuant to chapter 201, or 5 percent of all
22 other taxes and fees imposed pursuant to this chapter or
23 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be
24 deposited in monthly installments into the General Revenue
25 Fund.
26 2. Two-tenths of one percent shall be transferred to
27 the Ecosystem Management and Restoration Trust Fund to be used
28 for water quality improvement and water restoration projects.
29 3. After the distribution under subparagraphs 1. and
30 2., 8.814 percent of the amount remitted by a sales tax dealer
31 located within a participating county pursuant to s. 218.61
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1 shall be transferred into the Local Government Half-cent Sales
2 Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
3 be transferred pursuant to this subparagraph to the Local
4 Government Half-cent Sales Tax Clearing Trust Fund shall be
5 reduced by 0.1 percent, and the department shall distribute
6 this amount to the Public Employees Relations Commission Trust
7 Fund less $5,000 each month, which shall be added to the
8 amount calculated in subparagraph 4. and distributed
9 accordingly.
10 4. After the distribution under subparagraphs 1., 2.,
11 and 3., 0.095 percent shall be transferred to the Local
12 Government Half-cent Sales Tax Clearing Trust Fund and
13 distributed pursuant to s. 218.65.
14 5. After the distributions under subparagraphs 1., 2.,
15 3., and 4., 2.0440 percent of the available proceeds pursuant
16 to this paragraph shall be transferred monthly to the Revenue
17 Sharing Trust Fund for Counties pursuant to s. 218.215.
18 6. After the distributions under subparagraphs 1., 2.,
19 3., and 4., 1.3409 percent of the available proceeds pursuant
20 to this paragraph shall be transferred monthly to the Revenue
21 Sharing Trust Fund for Municipalities pursuant to s. 218.215.
22 If the total revenue to be distributed pursuant to this
23 subparagraph is at least as great as the amount due from the
24 Revenue Sharing Trust Fund for Municipalities and the former
25 Municipal Financial Assistance Trust Fund in state fiscal year
26 1999-2000, no municipality shall receive less than the amount
27 due from the Revenue Sharing Trust Fund for Municipalities and
28 the former Municipal Financial Assistance Trust Fund in state
29 fiscal year 1999-2000. If the total proceeds to be distributed
30 are less than the amount received in combination from the
31 Revenue Sharing Trust Fund for Municipalities and the former
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1 Municipal Financial Assistance Trust Fund in state fiscal year
2 1999-2000, each municipality shall receive an amount
3 proportionate to the amount it was due in state fiscal year
4 1999-2000.
5 7. Of the remaining proceeds:
6 a. In each fiscal year, the sum of $29,915,500 shall
7 be divided into as many equal parts as there are counties in
8 the state, and one part shall be distributed to each county.
9 The distribution among the several counties shall begin each
10 fiscal year on or before January 5th and shall continue
11 monthly for a total of 4 months. If a local or special law
12 required that any moneys accruing to a county in fiscal year
13 1999-2000 under the then-existing provisions of s. 550.135 be
14 paid directly to the district school board, special district,
15 or a municipal government, such payment shall continue until
16 such time that the local or special law is amended or
17 repealed. The state covenants with holders of bonds or other
18 instruments of indebtedness issued by local governments,
19 special districts, or district school boards prior to July 1,
20 2000, that it is not the intent of this subparagraph to
21 adversely affect the rights of those holders or relieve local
22 governments, special districts, or district school boards of
23 the duty to meet their obligations as a result of previous
24 pledges or assignments or trusts entered into which obligated
25 funds received from the distribution to county governments
26 under then-existing s. 550.135. This distribution
27 specifically is in lieu of funds distributed under s. 550.135
28 prior to July 1, 2000.
29 b. The department shall distribute $166,667 monthly
30 pursuant to s. 288.1162 to each applicant that has been
31 certified as a "facility for a new professional sports
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1 franchise" or a "facility for a retained professional sports
2 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
3 distributed monthly by the department to each applicant that
4 has been certified as a "facility for a retained spring
5 training franchise" pursuant to s. 288.1162; however, not more
6 than $416,670 may be distributed monthly in the aggregate to
7 all certified facilities for a retained spring training
8 franchise. Distributions shall begin 60 days following such
9 certification and shall continue for not more than 30 years.
10 Nothing contained in this paragraph shall be construed to
11 allow an applicant certified pursuant to s. 288.1162 to
12 receive more in distributions than actually expended by the
13 applicant for the public purposes provided for in s.
14 288.1162(6).
15 c. The department shall distribute $166,667 monthly
16 pursuant to s. 288.11635 to each applicant that has been
17 certified pursuant to s. 288.11635. Distributions must begin
18 60 days after such certification and must continue for not
19 more than 30 years. This sub-subparagraph does not allow an
20 applicant certified under s. 288.11635 to receive more in
21 distributions than the applicant actually expended for the
22 public purposes provided for in s. 288.11635(5).
23 d.c. Beginning 30 days after notice by the Office of
24 Tourism, Trade, and Economic Development to the Department of
25 Revenue that an applicant has been certified as the
26 professional golf hall of fame pursuant to s. 288.1168 and is
27 open to the public, $166,667 shall be distributed monthly, for
28 up to 300 months, to the applicant.
29 e.d. Beginning 30 days after notice by the Office of
30 Tourism, Trade, and Economic Development to the Department of
31 Revenue that the applicant has been certified as the
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1 International Game Fish Association World Center facility
2 pursuant to s. 288.1169, and the facility is open to the
3 public, $83,333 shall be distributed monthly, for up to 168
4 months, to the applicant. This distribution is subject to
5 reduction pursuant to s. 288.1169. A lump sum payment of
6 $999,996 shall be made, after certification and before July 1,
7 2000.
8 8. All other proceeds shall remain with the General
9 Revenue Fund.
10 Section 3. Subsection (6) of section 288.1169, Florida
11 Statutes, is amended to read:
12 288.1169 International Game Fish Association World
13 Center facility.--
14 (6) The Department of Commerce must recertify every 10
15 years that the facility is open, that the International Game
16 Fish Association World Center continues to be the only
17 international administrative headquarters, fishing museum, and
18 Hall of Fame in the United States recognized by the
19 International Game Fish Association, and that the project is
20 meeting the minimum projections for attendance or sales tax
21 revenues as required at the time of original certification.
22 If the facility is not recertified during this 10-year review
23 as meeting the minimum projections, then funding will be
24 abated until certification criteria are met. If the project
25 fails to generate $1 million of annual revenues pursuant to
26 paragraph (2)(e), the distribution of revenues pursuant to s.
27 212.20(6)(d)7.e. s. 212.20(6)(d)7.d. shall be reduced to an
28 amount equal to $83,333 multiplied by a fraction, the
29 numerator of which is the actual revenues generated and the
30 denominator of which is $1 million. Such reduction shall
31 remain in effect until revenues generated by the project in a
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1 12-month period equal or exceed $1 million.
2 Section 4. This act shall take effect upon becoming a
3 law.
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6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 Delete everything before the enacting clause
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10 and insert:
11 A bill to be entitled
12 An act relating to professional sports
13 franchise facilities; creating s. 288.11635,
14 F.S.; requiring the Office of Tourism, Trade,
15 and Economic Development to screen applicants
16 for state funding under s. 212.20(6)(d)7.c. and
17 certify a facility as eligible for funding as a
18 facility for a professional sports franchise;
19 defining terms; requiring the office to adopt
20 rules; providing prerequisites for
21 certification; specifying certification of
22 facilities only for the benefit of the Tampa
23 Bay Lightning, the Orlando Magic, and the
24 Florida Marlins; restricting the use of funds;
25 providing limitations on certifications;
26 authorizing the Department of Revenue to
27 conduct audits in order to verify that funds
28 have been expended as required and to pursue
29 recovery of inappropriately expended funds;
30 amending s. 212.20, F.S.; providing for the
31 amounts to be distributed to certified
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1 facilities under the act; providing a timeframe
2 for such distributions; amending s. 288.1169,
3 F.S., relating to the International Game Fish
4 Association World Center; conforming a
5 cross-reference; providing an effective date.
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