Florida Senate - 2019                                     SB 414
       
       
        
       By Senator Lee
       
       
       
       
       
       20-00387-19                                            2019414__
    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; amending s.
    9         212.205, F.S.; conforming a cross-reference; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 288.11625, Florida Statutes, is
   15  repealed.
   16         Section 2. Paragraph (d) of subsection (6) of section
   17  212.20, Florida Statutes, is amended to read:
   18         212.20 Funds collected, disposition; additional powers of
   19  department; operational expense; refund of taxes adjudicated
   20  unconstitutionally collected.—
   21         (6) Distribution of all proceeds under this chapter and ss.
   22  202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
   23         (d) The proceeds of all other taxes and fees imposed
   24  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
   25  and (2)(b) must shall be distributed as follows:
   26         1. In any fiscal year, the greater of $500 million, minus
   27  an amount equal to 4.6 percent of the proceeds of the taxes
   28  collected pursuant to chapter 201, or 5.2 percent of all other
   29  taxes and fees imposed pursuant to this chapter or remitted
   30  pursuant to s. 202.18(1)(b) and (2)(b) must shall be deposited
   31  in monthly installments into the General Revenue Fund.
   32         2. After the distribution under subparagraph 1., 8.9744
   33  percent of the amount remitted by a sales tax dealer located
   34  within a participating county pursuant to s. 218.61 must shall
   35  be transferred into the Local Government Half-cent Sales Tax
   36  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
   37  transferred must shall be reduced by 0.1 percent, and the
   38  department shall distribute this amount to the Public Employees
   39  Relations Commission Trust Fund less $5,000 each month, which
   40  must shall be added to the amount calculated in subparagraph 3.
   41  and distributed accordingly.
   42         3. After the distribution under subparagraphs 1. and 2.,
   43  0.0966 percent must shall be transferred to the Local Government
   44  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
   45  to s. 218.65.
   46         4. After the distributions under subparagraphs 1., 2., and
   47  3., 2.0810 percent of the available proceeds must shall be
   48  transferred monthly to the Revenue Sharing Trust Fund for
   49  Counties pursuant to s. 218.215.
   50         5. After the distributions under subparagraphs 1., 2., and
   51  3., 1.3653 percent of the available proceeds must shall be
   52  transferred monthly to the Revenue Sharing Trust Fund for
   53  Municipalities pursuant to s. 218.215. If the total revenue to
   54  be distributed pursuant to this subparagraph is at least as
   55  great as the amount due from the Revenue Sharing Trust Fund for
   56  Municipalities and the former Municipal Financial Assistance
   57  Trust Fund in state fiscal year 1999-2000, no municipality may
   58  shall receive less than the amount due from the Revenue Sharing
   59  Trust Fund for Municipalities and the former Municipal Financial
   60  Assistance Trust Fund in state fiscal year 1999-2000. If the
   61  total proceeds to be distributed are less than the amount
   62  received in combination from the Revenue Sharing Trust Fund for
   63  Municipalities and the former Municipal Financial Assistance
   64  Trust Fund in state fiscal year 1999-2000, each municipality
   65  must shall receive an amount proportionate to the amount it was
   66  due in state fiscal year 1999-2000.
   67         6. Of the remaining proceeds:
   68         a. In each fiscal year, the sum of $29,915,500 must shall
   69  be divided into as many equal parts as there are counties in the
   70  state, and one part must shall be distributed to each county.
   71  The distribution among the several counties must begin each
   72  fiscal year on or before January 5th and continue monthly for a
   73  total of 4 months. If a local or special law required that any
   74  moneys accruing to a county in fiscal year 1999-2000 under the
   75  then-existing provisions of s. 550.135 be paid directly to the
   76  district school board, special district, or a municipal
   77  government, such payment must continue until the local or
   78  special law is amended or repealed. The state covenants with
   79  holders of bonds or other instruments of indebtedness issued by
   80  local governments, special districts, or district school boards
   81  before July 1, 2000, that it is not the intent of this
   82  subparagraph to adversely affect the rights of those holders or
   83  relieve local governments, special districts, or district school
   84  boards of the duty to meet their obligations as a result of
   85  previous pledges or assignments or trusts entered into which
   86  obligated funds received from the distribution to county
   87  governments under then-existing s. 550.135. This distribution
   88  specifically is in lieu of funds distributed under s. 550.135
   89  before July 1, 2000.
   90         b. The department shall distribute $166,667 monthly to each
   91  applicant certified as a facility for a new or retained
   92  professional sports franchise pursuant to s. 288.1162. Up to
   93  $41,667 must shall be distributed monthly by the department to
   94  each certified applicant as defined in s. 288.11621 for a
   95  facility for a spring training franchise. However, not more than
   96  $416,670 may be distributed monthly in the aggregate to all
   97  certified applicants for facilities for spring training
   98  franchises. Distributions begin 60 days after such certification
   99  and continue for not more than 30 years, except as otherwise
  100  provided in s. 288.11621. A certified applicant identified in
  101  this sub-subparagraph may not receive more in distributions than
  102  expended by the applicant for the public purposes provided in s.
  103  288.1162(5) or s. 288.11621(3).
  104         c. Beginning 30 days after notice by the Department of
  105  Economic Opportunity to the Department of Revenue that an
  106  applicant has been certified as the professional golf hall of
  107  fame pursuant to s. 288.1168 and is open to the public, $166,667
  108  must shall be distributed monthly, for up to 300 months, to the
  109  applicant.
  110         d. Beginning 30 days after notice by the Department of
  111  Economic Opportunity to the Department of Revenue that the
  112  applicant has been certified as the International Game Fish
  113  Association World Center facility pursuant to s. 288.1169, and
  114  the facility is open to the public, $83,333 must shall be
  115  distributed monthly, for up to 168 months, to the applicant.
  116  This distribution is subject to reduction pursuant to s.
  117  288.1169. A lump sum payment of $999,996 must shall be made
  118  after certification and before July 1, 2000.
  119         e. The department shall distribute up to $83,333 monthly to
  120  each certified applicant as defined in s. 288.11631 for a
  121  facility used by a single spring training franchise, or up to
  122  $166,667 monthly to each certified applicant as defined in s.
  123  288.11631 for a facility used by more than one spring training
  124  franchise. Monthly distributions begin 60 days after such
  125  certification or July 1, 2016, whichever is later, and continue
  126  for not more than 20 years to each certified applicant as
  127  defined in s. 288.11631 for a facility used by a single spring
  128  training franchise or not more than 25 years to each certified
  129  applicant as defined in s. 288.11631 for a facility used by more
  130  than one spring training franchise. A certified applicant
  131  identified in this sub-subparagraph may not receive more in
  132  distributions than expended by the applicant for the public
  133  purposes provided in s. 288.11631(3).
  134         f. Beginning 45 days after notice by the Department of
  135  Economic Opportunity to the Department of Revenue that an
  136  applicant has been approved by the Legislature and certified by
  137  the Department of Economic Opportunity under s. 288.11625 or
  138  upon a date specified by the Department of Economic Opportunity
  139  as provided under s. 288.11625(6)(d), the department shall
  140  distribute each month an amount equal to one-twelfth of the
  141  annual distribution amount certified by the Department of
  142  Economic Opportunity for the applicant. The department may not
  143  distribute more than $7 million in the 2014-2015 fiscal year or
  144  more than $13 million annually thereafter under this sub
  145  subparagraph.
  146         f.g. Beginning December 1, 2015, and ending June 30, 2016,
  147  the department shall distribute $26,286 monthly to the State
  148  Transportation Trust Fund. Beginning July 1, 2016, the
  149  department shall distribute $15,333 monthly to the State
  150  Transportation Trust Fund.
  151         7. All other proceeds must remain in the General Revenue
  152  Fund.
  153         Section 3. Subsection (2) and paragraph (c) of subsection
  154  (3) of section 218.64, Florida Statutes, are amended to read:
  155         218.64 Local government half-cent sales tax; uses;
  156  limitations.—
  157         (2) Municipalities shall expend their portions of the local
  158  government half-cent sales tax only for municipality-wide
  159  programs, for reimbursing the state as required pursuant to s.
  160  288.11625, or for municipality-wide property tax or municipal
  161  utility tax relief. All utility tax rate reductions afforded by
  162  participation in the local government half-cent sales tax must
  163  shall be applied uniformly across all types of taxed utility
  164  services.
  165         (3) Subject to ordinances enacted by the majority of the
  166  members of the county governing authority and by the majority of
  167  the members of the governing authorities of municipalities
  168  representing at least 50 percent of the municipal population of
  169  such county, counties may use up to $3 million annually of the
  170  local government half-cent sales tax allocated to that county
  171  for any of the following purposes:
  172         (c) Reimbursing the state as required under s. 288.11625.
  173         Section 4. Paragraph (e) of subsection (2) of section
  174  288.0001, Florida Statutes, is amended to read:
  175         288.0001 Economic Development Programs Evaluation.—The
  176  Office of Economic and Demographic Research and the Office of
  177  Program Policy Analysis and Government Accountability (OPPAGA)
  178  shall develop and present to the Governor, the President of the
  179  Senate, the Speaker of the House of Representatives, and the
  180  chairs of the legislative appropriations committees the Economic
  181  Development Programs Evaluation.
  182         (2) The Office of Economic and Demographic Research and
  183  OPPAGA shall provide a detailed analysis of economic development
  184  programs as provided in the following schedule:
  185         (e) Beginning January 1, 2018, and every 3 years
  186  thereafter, an analysis of the Sports Development Program
  187  established under s. 288.11625.
  188         Section 5. Section 212.205, Florida Statutes, is amended to
  189  read:
  190         212.205 Sales tax distribution reporting.—By March 15 of
  191  each year, each person who received a distribution pursuant to
  192  s. 212.20(6)(d)6.b.-e. s. 212.20(6)(d)6.b.-f. in the preceding
  193  calendar year shall report to the Office of Economic and
  194  Demographic Research the following information:
  195         (1) An itemized accounting of all expenditures of the funds
  196  distributed in the preceding calendar year, including amounts
  197  spent on debt service.
  198         (2) A statement indicating what portion of the distributed
  199  funds have been pledged for debt service.
  200         (3) The original principal amount and current debt service
  201  schedule of any bonds or other borrowing for which the
  202  distributed funds have been pledged for debt service.
  203         Section 6. This act shall take effect July 1, 2019.