Bill Text: FL S1216 | 2014 | Regular Session | Comm Sub
Bill Title: Professional Sports Facilities
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2014-05-01 - Laid on Table, companion bill(s) passed, see CS/HB 7095 (Ch. 2014-167) [S1216 Detail]
Download: Florida-2014-S1216-Comm_Sub.html
Florida Senate - 2014 CS for CS for SB 1216 By the Committees on Appropriations; and Commerce and Tourism; and Senator Latvala 576-04207-14 20141216c2 1 A bill to be entitled 2 An act relating to professional sports facilities; 3 amending s. 212.20, F.S.; revising the distribution of 4 moneys to certified applicants for a facility used by 5 a spring training franchise under s. 288.11631, F.S.; 6 authorizing a distribution for an applicant that has 7 been approved by the Legislature and certified by the 8 Department of Economic Opportunity under s. 288.11625, 9 F.S.; providing a limitation; amending s. 218.64, 10 F.S.; providing for municipalities and counties to 11 expend an increased portion of local government half 12 cent sales tax revenues to reimburse the state as 13 required by a contract; amending s. 288.0001, F.S.; 14 providing for an evaluation; creating s. 288.11625, 15 F.S.; requiring the Department of Economic Opportunity 16 to screen applicants for state funding for sports 17 development; defining terms; providing a purpose to 18 provide funding for applicants for constructing, 19 reconstructing, renovating, or improving a facility; 20 providing an application and approval process; 21 providing for an annual application period; providing 22 for the department to submit recommendations to the 23 Legislature by a certain date; requiring legislative 24 approval for state funding; providing evaluation 25 criteria for an applicant to receive state funding; 26 providing for evaluation and ranking of applicants 27 under certain criteria; requiring the department to 28 determine the annual distribution amount an applicant 29 may receive; requiring the applicant to provide an 30 analysis by a certified public accountant to the 31 department; requiring the Department of Revenue to 32 distribute funds within a certain timeframe after 33 notification by the department; requiring the 34 department to develop a calculation to estimate 35 certain taxes; limiting annual distributions to a 36 specified amount; providing for a contract between the 37 department and the applicant; limiting use of funds; 38 requiring an applicant to submit information to the 39 department annually; requiring a 5-year review; 40 authorizing the Auditor General to conduct audits; 41 authorizing the Legislative Budget Commission to 42 approve an application; providing for reimbursement of 43 the state funding under certain circumstances; 44 providing for discontinuation of distributions upon an 45 applicant’s request; authorizing the department to 46 adopt rules; amending s. 288.11631, F.S.; revising the 47 requirements for an applicant to be certified to 48 receive state funding for a facility for a spring 49 training franchise; authorizing a certified applicant 50 to submit an amendment to its original certification 51 for use of the facility by more than one spring 52 training franchise; amending s. 288.1166, F.S.; 53 providing that certain professional sports facilities 54 are designated as shelter sites for the homeless 55 during declared federal, state, or local emergencies; 56 providing exceptions; authorizing the department to 57 adopt emergency rules; providing an effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Paragraph (d) of subsection (6) of section 62 212.20, Florida Statutes, is amended to read: 63 212.20 Funds collected, disposition; additional powers of 64 department; operational expense; refund of taxes adjudicated 65 unconstitutionally collected.— 66 (6) Distribution of all proceeds under this chapter and s. 67 202.18(1)(b) and (2)(b) shall be as follows: 68 (d) The proceeds of all other taxes and fees imposed 69 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) 70 and (2)(b) shall be distributed as follows: 71 1. In any fiscal year, the greater of $500 million, minus 72 an amount equal to 4.6 percent of the proceeds of the taxes 73 collected pursuant to chapter 201, or 5.2 percent of all other 74 taxes and fees imposed pursuant to this chapter or remitted 75 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in 76 monthly installments into the General Revenue Fund. 77 2. After the distribution under subparagraph 1., 8.814 78 percent of the amount remitted by a sales tax dealer located 79 within a participating county pursuant to s. 218.61 shall be 80 transferred into the Local Government Half-cent Sales Tax 81 Clearing Trust Fund. Beginning July 1, 2003, the amount to be 82 transferred shall be reduced by 0.1 percent, and the department 83 shall distribute this amount to the Public Employees Relations 84 Commission Trust Fund less $5,000 each month, which shall be 85 added to the amount calculated in subparagraph 3. and 86 distributed accordingly. 87 3. After the distribution under subparagraphs 1. and 2., 88 0.095 percent shall be transferred to the Local Government Half 89 cent Sales Tax Clearing Trust Fund and distributed pursuant to 90 s. 218.65. 91 4. After the distributions under subparagraphs 1., 2., and 92 3., 2.0440 percent of the available proceeds shall be 93 transferred monthly to the Revenue Sharing Trust Fund for 94 Counties pursuant to s. 218.215. 95 5. After the distributions under subparagraphs 1., 2., and 96 3., 1.3409 percent of the available proceeds shall be 97 transferred monthly to the Revenue Sharing Trust Fund for 98 Municipalities pursuant to s. 218.215. If the total revenue to 99 be distributed pursuant to this subparagraph is at least as 100 great as the amount due from the Revenue Sharing Trust Fund for 101 Municipalities and the former Municipal Financial Assistance 102 Trust Fund in state fiscal year 1999-2000, no municipality shall 103 receive less than the amount due from the Revenue Sharing Trust 104 Fund for Municipalities and the former Municipal Financial 105 Assistance Trust Fund in state fiscal year 1999-2000. If the 106 total proceeds to be distributed are less than the amount 107 received in combination from the Revenue Sharing Trust Fund for 108 Municipalities and the former Municipal Financial Assistance 109 Trust Fund in state fiscal year 1999-2000, each municipality 110 shall receive an amount proportionate to the amount it was due 111 in state fiscal year 1999-2000. 112 6. Of the remaining proceeds: 113 a. In each fiscal year, the sum of $29,915,500 shall be 114 divided into as many equal parts as there are counties in the 115 state, and one part shall be distributed to each county. The 116 distribution among the several counties must begin each fiscal 117 year on or before January 5th and continue monthly for a total 118 of 4 months. If a local or special law required that any moneys 119 accruing to a county in fiscal year 1999-2000 under the then 120 existing provisions of s. 550.135 be paid directly to the 121 district school board, special district, or a municipal 122 government, such payment must continue until the local or 123 special law is amended or repealed. The state covenants with 124 holders of bonds or other instruments of indebtedness issued by 125 local governments, special districts, or district school boards 126 before July 1, 2000, that it is not the intent of this 127 subparagraph to adversely affect the rights of those holders or 128 relieve local governments, special districts, or district school 129 boards of the duty to meet their obligations as a result of 130 previous pledges or assignments or trusts entered into which 131 obligated funds received from the distribution to county 132 governments under then-existing s. 550.135. This distribution 133 specifically is in lieu of funds distributed under s. 550.135 134 before July 1, 2000. 135 b. The department shall distribute $166,667 monthly 136 pursuant to s. 288.1162 to each applicant certified as a 137 facility for a new or retained professional sports franchise 138 pursuant to s. 288.1162. Up to $41,667 shall be distributed 139 monthly by the department to each certified applicant as defined 140 in s. 288.11621 for a facility for a spring training franchise. 141 However, not more than $416,670 may be distributed monthly in 142 the aggregate to all certified applicants for facilities for 143 spring training franchises. Distributions begin 60 days after 144 such certification and continue for not more than 30 years, 145 except as otherwise provided in s. 288.11621. A certified 146 applicant identified in this sub-subparagraph may not receive 147 more in distributions than expended by the applicant for the 148 public purposes provided for in s. 288.1162(5) or s. 149 288.11621(3). 150 c. Beginning 30 days after notice by the Department of 151 Economic Opportunity to the Department of Revenue that an 152 applicant has been certified as the professional golf hall of 153 fame pursuant to s. 288.1168 and is open to the public, $166,667 154 shall be distributed monthly, for up to 300 months, to the 155 applicant. 156 d. Beginning 30 days after notice by the Department of 157 Economic Opportunity to the Department of Revenue that the 158 applicant has been certified as the International Game Fish 159 Association World Center facility pursuant to s. 288.1169, and 160 the facility is open to the public, $83,333 shall be distributed 161 monthly, for up to 168 months, to the applicant. This 162 distribution is subject to reduction pursuant to s. 288.1169. A 163 lump sum payment of $999,996 shall be made, after certification 164 and before July 1, 2000. 165 e. The department shall distribute up to $83,333$55,555166 monthly to each certified applicant as defined in s. 288.11631 167 for a facility used by a single spring training franchise, or up 168 to $166,667$111,110monthly to each certified applicant as 169 defined in s. 288.11631 for a facility used by more than one 170 spring training franchise. Monthly distributions begin 60 days 171 after such certification or July 1, 2016, whichever is later, 172 and continue for not more than 2030years to each certified 173 applicant as defined in s. 288.11631 for a facility used by a 174 single spring training franchise or not more than 25 years to 175 each certified applicant as defined in s. 288.11631 for a 176 facility used by more than one spring training franchise, except177as otherwise provided in s. 288.11631. A certified applicant 178 identified in this sub-subparagraph may not receive more in 179 distributions than expended by the applicant for the public 180 purposes provided in s. 288.11631(3). 181 f. Beginning 45 days after notice by the Department of 182 Economic Opportunity to the Department of Revenue that an 183 applicant has been approved by the Legislature and certified by 184 the Department of Economic Opportunity under s. 288.11625, the 185 department shall distribute each month an amount equal to one 186 twelfth of the annual distribution amount certified by the 187 Department of Economic Opportunity for the applicant. The 188 department may not distribute more than $6 million in the 2014 189 2015 fiscal year and more than $13 million annually thereafter 190 under this sub-subparagraph. 191 7. All other proceeds must remain in the General Revenue 192 Fund. 193 Section 2. Subsections (2) and (3) of section 218.64, 194 Florida Statutes, are amended to read: 195 218.64 Local government half-cent sales tax; uses; 196 limitations.— 197 (2) Municipalities shall expend their portions of the local 198 government half-cent sales tax only for municipality-wide 199 programs, for reimbursing the state as required by a contract 200 pursuant to s. 288.11625(7), or for municipality-wide property 201 tax or municipal utility tax relief. All utility tax rate 202 reductions afforded by participation in the local government 203 half-cent sales tax shall be applied uniformly across all types 204 of taxed utility services. 205 (3) Subject to ordinances enacted by the majority of the 206 members of the county governing authority and by the majority of 207 the members of the governing authorities of municipalities 208 representing at least 50 percent of the municipal population of 209 such county, counties may use up to $3$2million annually of 210 the local government half-cent sales tax allocated to that 211 county forfunding forany of the following purposesapplicants: 212 (a) Funding a certified applicant as a facility for a new 213 or retained professional sports franchise under s. 288.1162 or a 214 certified applicant as defined in s. 288.11621 for a facility 215 for a spring training franchise. It is the Legislature’s intent 216 that the provisions of s. 288.1162, including, but not limited 217 to, the evaluation process by the Department of Economic 218 Opportunity except for the limitation on the number of certified 219 applicants or facilities as provided in that section and the 220 restrictions set forth in s. 288.1162(8), shall apply to an 221 applicant’s facility to be funded by local government as 222 provided in this subsection. 223 (b) Funding a certified applicant as a “motorsport 224 entertainment complex,” as provided for in s. 288.1171. Funding 225 for each franchise or motorsport complex shall begin 60 days 226 after certification and shall continue for not more than 30 227 years. 228 (c) Reimbursing the state as required by a contract entered 229 into under s. 288.11625(7). 230 Section 3. Paragraph (d) is added to subsection (2) of 231 section 288.0001, Florida Statutes, to read: 232 288.0001 Economic Development Programs Evaluation.—The 233 Office of Economic and Demographic Research and the Office of 234 Program Policy Analysis and Government Accountability (OPPAGA) 235 shall develop and present to the Governor, the President of the 236 Senate, the Speaker of the House of Representatives, and the 237 chairs of the legislative appropriations committees the Economic 238 Development Programs Evaluation. 239 (2) The Office of Economic and Demographic Research and 240 OPPAGA shall provide a detailed analysis of economic development 241 programs as provided in the following schedule: 242 (d) Beginning January 1, 2018, and every 3 years 243 thereafter, an analysis of the Sports Development Program 244 established under s. 288.11625. 245 Section 4. Section 288.11625, Florida Statutes, is created 246 to read: 247 288.11625 Sports development.— 248 (1) ADMINISTRATION.—The department shall serve as the state 249 agency responsible for screening applicants for state funding 250 under s. 212.20(6)(d)6.f. 251 (2) DEFINITIONS.—As used in this section, the term: 252 (a) “Agreement” means a signed agreement between a unit of 253 local government and a beneficiary. 254 (b) “Applicant” means a unit of local government, as 255 defined in s. 218.369, which is responsible for the 256 construction, management, or operation of a facility; or an 257 entity that is responsible for the construction, management, or 258 operation of a facility if a unit of local government holds 259 title to the underlying property on which the facility is 260 located. 261 (c) “Beneficiary” means a professional sports franchise of 262 the National Football League, the National Hockey League, the 263 National Basketball Association, the National League or American 264 League of Major League Baseball, the National Association of 265 Professional Baseball Leagues, Major League Soccer, the North 266 American Soccer League, the Professional Rodeo Cowboys 267 Association, the promoter or host of a signature event 268 administered by Breeders’ Cup Limited, or the promoter of a 269 signature event sanctioned by the National Association for Stock 270 Car Auto Racing. A beneficiary may also be an applicant under 271 this section. 272 (d) “Facility” means a structure primarily used to host 273 games or events held by a beneficiary and does not include any 274 portion used to provide transient lodging. 275 (e) “Project” means a proposed construction, 276 reconstruction, renovation, or improvement of a facility or the 277 proposed acquisition of land to construct a new facility and 278 construction of improvements to state-owned land necessary for 279 the efficient use of the facility. 280 (f) “Signature event” means a professional sports event 281 with significant export factor potential. For purposes of this 282 paragraph, the term “export factor” means the attraction of 283 economic activity or growth into the state which otherwise would 284 not have occurred. Examples of signature events may include, but 285 are not limited to: 286 1. National Football League Super Bowls. 287 2. Professional sports All-Star games. 288 3. International sporting events and tournaments. 289 4. Professional motorsports events. 290 5. The establishment of a new professional sports franchise 291 in this state. 292 (g) “State sales taxes generated by sales at the facility” 293 means state sales taxes imposed under chapter 212 and generated 294 by admissions to the facility; parking on property owned or 295 controlled by the beneficiary or the applicant; team operations 296 and necessary leases; sales by the beneficiary; sales by other 297 vendors at the facility; and ancillary uses, including, but not 298 limited to, team stores, museums, restaurants, retail, lodging, 299 and commercial uses from economic development generated by the 300 beneficiary or facility as determined by the Department of 301 Economic Opportunity. 302 (3) PURPOSE.—The purpose of this section is to provide 303 applicants state funding under s. 212.20(6)(d)6.f. for the 304 public purpose of constructing, reconstructing, renovating, or 305 improving a facility. 306 (4) APPLICATION AND APPROVAL PROCESS.— 307 (a) The department shall establish the procedures and 308 application forms deemed necessary pursuant to the requirements 309 of this section. The department may notify an applicant of any 310 additional required or incomplete information necessary to 311 evaluate an application. 312 (b) The annual application period is from June 1 through 313 November 1. 314 (c) Within 60 days after receipt of a completed 315 application, the department shall complete its evaluation of the 316 application as provided under subsection (5) and notify the 317 applicant in writing of the department’s decision to recommend 318 approval of the applicant by the Legislature or to deny the 319 application. 320 (d) By each February 1, the department shall rank the 321 applicants and provide to the Legislature the list of the 322 recommended applicants in ranked order of projects most likely 323 to positively impact the state based on criteria established 324 under this section. The list must include the department’s 325 evaluation of the applicant. 326 (e) A recommended applicant’s request for funding must be 327 approved by the Legislature in the General Appropriations Act or 328 a conforming bill for the General Appropriations Act. 329 1. An application by a unit of local government which is 330 approved by the Legislature and subsequently certified by the 331 department remains certified for the duration of the 332 beneficiary’s agreement with the applicant or for 30 years, 333 whichever is less, provided the certified applicant has an 334 agreement with a beneficiary at the time of initial 335 certification by the department. 336 2. An application by a beneficiary or other applicant which 337 is approved by the Legislature and subsequently certified by the 338 department remains certified for the duration of the 339 beneficiary’s agreement with the unit of local government that 340 owns the underlying property or for 30 years, whichever is less, 341 provided the certified applicant has an agreement with the unit 342 of local government at the time of initial certification by the 343 department. 344 3. An applicant that is previously certified pursuant to 345 this section does not need legislative approval each year to 346 receive state funding. 347 (f) An applicant that is recommended by the department but 348 not approved by the Legislature may reapply and shall update any 349 information in the original application as required by the 350 department. 351 (g) The department may recommend no more than one 352 distribution under this section for any applicant, facility, or 353 beneficiary at a time. 354 (h) An application submitted either by a first-time 355 applicant whose project exceeds $300 million and commenced on 356 the facility’s existing site before January 1, 2014, or by a 357 beneficiary that has completed the terms of a previous agreement 358 for distributions under chapter 212 for an existing facility 359 shall be considered an application for a new facility for 360 purposes that include, but are not limited to, incremental and 361 baseline tax calculations. 362 (5) EVALUATION PROCESS.— 363 (a) Before recommending an applicant to receive a state 364 distribution under s. 212.20(6)(d)6.f., the department must 365 verify that: 366 1. The applicant or beneficiary is responsible for the 367 construction, reconstruction, renovation, or improvement of a 368 facility and obtained at least three bids for the project. 369 2. If the applicant is not a unit of local government, a 370 unit of local government holds title to the property on which 371 the facility and project are located. 372 3. If the applicant is a unit of local government in whose 373 jurisdiction the facility will be located, the unit of local 374 government has an exclusive intent agreement to negotiate in 375 this state with the beneficiary. 376 4. A unit of local government in whose jurisdiction the 377 facility will be located supports the application for state 378 funds. Such support must be verified by the adoption of a 379 resolution, after a public hearing, that the project serves a 380 public purpose. 381 5. The applicant or beneficiary has not previously 382 defaulted or failed to meet any statutory requirements of a 383 previous state-administered sports-related program under s. 384 288.1162, s. 288.11621, or s. 288.1168. Additionally, the 385 applicant or beneficiary is not currently receiving state 386 distributions under s. 212.20 for the facility that is the 387 subject of the application, unless the applicant demonstrates 388 that the franchise that applied for a distribution under s. 389 212.20 no longer plays at the facility that is the subject of 390 the application. 391 6. The applicant or beneficiary has sufficiently 392 demonstrated a commitment to employ residents of this state, 393 contract with Florida-based firms, and purchase locally 394 available building materials to the greatest extent possible. 395 7. If the applicant is a unit of local government, the 396 applicant has a certified copy of a signed agreement with a 397 beneficiary for the use of the facility. If the applicant is a 398 beneficiary, the beneficiary must enter into an agreement with 399 the department. The applicant’s or beneficiary’s agreement must 400 also require the following: 401 a. The beneficiary must reimburse the state for state funds 402 that have been distributed and will be distributed if the 403 beneficiary relocates before the agreement expires. 404 b. The beneficiary must pay for signage or advertising 405 within the facility. The signage or advertising must be placed 406 in a prominent location as close to the field of play or 407 competition as is practicable, must be displayed consistent with 408 signage or advertising in the same location and of like value, 409 and must feature Florida advertising approved by the Florida 410 Tourism Industry Marketing Corporation. 411 8. The project will commence within 12 months after 412 receiving state funds or did not commence more than 16 months 413 before July 1, 2014. 414 (b) The department shall competitively evaluate and rank 415 applicants that timely submit applications for state funding 416 based on their ability to positively impact the state using the 417 following criteria: 418 1. The proposed use of state funds. 419 2. The length of time that a beneficiary has agreed to use 420 the facility. 421 3. The percentage of total project funds provided by the 422 applicant and the percentage of total project funds provided by 423 the beneficiary, with priority in the evaluation and ranking 424 given to applications with 50 percent or more of total project 425 funds provided by the applicant and beneficiary. 426 4. The number and type of signature events the facility is 427 likely to attract during the duration of the agreement with the 428 beneficiary. 429 5. The anticipated increase in average annual ticket sales 430 and attendance at the facility due to the project. 431 6. The potential to attract out-of-state visitors to the 432 facility. 433 7. The length of time a beneficiary has been in this state 434 or partnered with the unit of local government. In order to 435 encourage new franchises to locate in this state, an application 436 for a new franchise shall be considered to have a significant 437 positive impact on the state and shall be given priority in the 438 evaluation and ranking by the department. 439 8. The multiuse capabilities of the facility. 440 9. The facility’s projected employment of residents of this 441 state, contracts with Florida-based firms, and purchases of 442 locally available building materials. 443 10. The amount of private and local financial or in-kind 444 contributions to the project. 445 11. The amount of positive advertising or media coverage 446 the facility generates. 447 (6) DISTRIBUTION.— 448 (a) The department shall determine the annual distribution 449 amount an applicant may receive based on 80 percent of the 450 average annual new incremental state sales taxes generated by 451 sales at the facility, as provided under subparagraph (b)2., and 452 such annual distribution shall be limited by the following: 453 1. If the total project cost is $200 million or greater, 454 the annual distribution amount may be up to $3 million. 455 2. If the total project cost is at least $100 million but 456 less than $200 million, the annual distribution amount may be up 457 to $2 million. 458 3. If the total project cost is less than $100 million, the 459 annual distribution amount may be up to $1 million. 460 (b) At the time of initial evaluation and review by the 461 department pursuant to subsection (5), the applicant must 462 provide an analysis by an independent certified public 463 accountant which demonstrates: 464 1. The amount of state sales taxes generated by sales at 465 the facility during the 12-month period immediately before the 466 beginning of the application period. This amount is the 467 baseline. Notwithstanding any other provision of this section, 468 for projects with a total cost of more than $300 million which 469 are at least 90 percent funded by private sources, the baseline 470 shall be zero for purposes of this section. 471 2. The expected amount of average annual new incremental 472 state sales taxes generated by sales at the facility above the 473 baseline which will be generated as a result of the project. 474 3. The expected amount of average annual new incremental 475 state sales taxes generated by sales at the facility must be at 476 least $500,000 above the baseline for the applicant to be 477 eligible to receive a distribution under this section. 478 (c) The independent analysis provided in paragraph (b) 479 shall be verified by the department. 480 (d) The Department of Revenue shall begin distributions 481 within 45 days after notification of initial certification from 482 the department. 483 (e) The department shall consult with the Department of 484 Revenue and the Office of Economic and Demographic Research to 485 develop a standard calculation for estimating the average annual 486 new incremental state sales taxes generated by sales at the 487 facility. 488 (f) In any 12-month period when total distributions for all 489 certified applicants reach $13 million, the department may not 490 certify new distributions for additional applicants. In the 491 2014-2015 fiscal year, the department may not certify total 492 distributions of more than $6 million for all certified 493 applicants. 494 (7) CONTRACT.—An applicant approved by the Legislature and 495 certified by the department must enter into a contract with the 496 department which: 497 (a) Specifies the terms of the state’s investment. 498 (b) States the criteria that the certified applicant must 499 meet in order to remain certified. 500 (c) Requires the applicant to submit the independent 501 analysis required under subsection (6) and an annual independent 502 analysis. 503 1. The applicant must agree to submit to the department, 504 beginning 12 months after completion of a project or 12 months 505 after the first four annual distributions, whichever is earlier, 506 an annual analysis by an independent certified public accountant 507 demonstrating the actual amount of new incremental state sales 508 taxes generated by sales at the facility during the previous 12 509 month period. The applicant shall certify to the department a 510 comparison of the actual amount of state sales taxes generated 511 by sales at the facility during the previous 12-month period to 512 the baseline under subparagraph (6)(b)1. 513 2. The applicant must submit the certification within 60 514 days after the end of the previous 12-month period. The 515 department shall verify the analysis. 516 (d) Specifies information that the certified applicant must 517 report to the department. 518 (e) Requires the applicant to reimburse the state, after 519 all distributions have been made, an amount equal to the 520 difference between the actual new incremental state sales taxes 521 generated by sales at the facility during the contract and the 522 total amount of distributions made under s. 212.20(6)(d)6.f. If 523 any reimbursement is due to the state, such reimbursement must 524 be made within 90 days after the last distribution under the 525 contract has been made. If the applicant is unable or unwilling 526 to reimburse the state for such amount, the department may place 527 a lien on the applicant’s facility. 528 1. If the applicant is a municipality or county, it may 529 reimburse the state from its half-cent sales tax allocation, as 530 provided in s. 218.64(3). 531 2. Reimbursements must be sent to the Department of Revenue 532 for deposit into the General Revenue Fund. 533 (f) Includes any provisions deemed prudent by the 534 department. 535 (8) USE OF FUNDS.—An applicant certified under this section 536 may use state funds only for the following purposes: 537 (a) Constructing, reconstructing, renovating, or improving 538 a facility or reimbursing such costs. 539 (b) Paying or pledging for the payment of debt service on 540 bonds issued for the construction or renovation of such 541 facility. 542 (c) Funding debt service reserve funds, arbitrage rebate 543 obligations, or other amounts payable with respect thereto on 544 bonds issued for the construction or renovation of such 545 facility. 546 (d) Reimbursing the costs under paragraphs (b) and (c) or 547 the refinancing of bonds issued for the construction or 548 renovation of such facility. 549 (9) REPORTS.— 550 (a) On or before November 1 of each year, an applicant 551 certified under this section and approved to receive state funds 552 must submit to the department any information required by the 553 department. The department shall summarize this information for 554 inclusion in its annual report to the Legislature under 555 paragraph (4)(d). 556 (b) Every 5 years after an applicant receives its first 557 monthly distribution, the department must verify that the 558 applicant is meeting the program requirements. If the applicant 559 fails to meet these requirements, the department shall notify 560 the Governor and the Legislature in its next annual report under 561 paragraph (4)(d) that the requirements are not being met and 562 recommend future action. The department shall take into 563 consideration extenuating circumstances that may have prevented 564 the applicant from meeting the program requirements, such as 565 force majeure events or a significant economic downturn. 566 (10) AUDITS.—The Auditor General may conduct audits 567 pursuant to s. 11.45 to verify the independent analysis required 568 under paragraphs (6)(b) and (7)(c) and to verify that the 569 distributions are expended as required. The Auditor General 570 shall report the findings to the department. If the Auditor 571 General determines that the distribution payments are not 572 expended as required, the Auditor General must notify the 573 Department of Revenue, which may pursue recovery of 574 distributions under the laws and rules that govern the 575 assessment of taxes. 576 (11) APPLICATION RELATED TO NEW FACILITIES OR PROJECTS 577 COMMENCED BEFORE JULY 1, 2014.—After May 1, 2014, an applicant 578 may apply for state funds for a new facility or a project 579 commenced between March 1, 2013, and July 1, 2014. The 580 department must review the application and recommend approval to 581 the Legislature. The Legislative Budget Commission may approve 582 such applications on or after January 1, 2015. The department 583 must certify the applicant within 45 days of approval by the 584 Legislative Budget Commission. State funds may not be 585 distributed until the department notifies the Department of 586 Revenue that the applicant was approved by the Legislative 587 Budget Commission and certified by the department. An applicant 588 certified under this subsection is subject to the provisions and 589 requirements of this section. An applicant that fails to meet 590 the conditions of this subsection may reapply during future 591 application periods. 592 (12) REPAYMENT OF DISTRIBUTIONS.—An applicant that is 593 certified under this section may be subject to repayment of 594 distributions upon the occurrence of any of the following: 595 (a) An applicant’s beneficiary has broken the terms of its 596 agreement with the applicant and relocated from the facility. 597 The beneficiary must reimburse the state for state funds that 598 will be distributed if the beneficiary relocates before the 599 agreement expires. 600 (b) A determination by the department that an applicant has 601 submitted information or made a representation that is 602 determined to be false, misleading, deceptive, or otherwise 603 untrue. The applicant must reimburse the state for state funds 604 that will be distributed if such determination is made. 605 (c) Repayment of distributions must be sent to the 606 Department of Revenue for deposit into the General Revenue Fund. 607 (13) HALTING OF PAYMENTS.—The applicant may request in 608 writing at least 20 days before the next monthly distribution 609 that the department halt future payments. The department shall 610 immediately notify the Department of Revenue to halt future 611 payments. 612 (14) RULEMAKING.—The department may adopt rules to 613 implement this section. 614 Section 5. Paragraphs (a) and (c) of subsection (2) of 615 section 288.11631, Florida Statutes, are amended, and paragraph 616 (d) is added to that subsection, to read: 617 288.11631 Retention of Major League Baseball spring 618 training baseball franchises.— 619 (2) CERTIFICATION PROCESS.— 620 (a) Before certifying an applicant to receive state funding 621 for a facility for a spring training franchise, the department 622 must verify that: 623 1. The applicant is responsible for the construction or 624 renovation of the facility for a spring training franchise or 625 holds title to the property on which the facility for a spring 626 training franchise is located. 627 2. The applicant has a certified copy of a signed agreement 628 with a spring training franchise. The signed agreement with a 629 spring training franchise for the use of a facility must, at a 630 minimum, be equal to the length of the term of the bonds issued 631 for the public purpose of constructing or renovating a facility 632 for a spring training franchise. If no such bonds are issued for 633 the public purpose of constructing or renovating a facility for 634 a spring training franchise, the signed agreement with a spring 635 training franchise for the use of a facility must be for at 636 least 20 years. Any such agreement with a spring training 637 franchise for the use of a facility cannot be signed more than 4 638 years before the expiration of any existing agreement with a 639 spring training franchise for the use of a facility. However, 640 any such agreement may be signed at any time before the 641 expiration of any existing agreement with a spring training 642 franchise for use of a facility if the applicant has never 643 received state funding for the facility as a spring training 644 facility under this section or s. 288.11621 and the facility was 645 constructed before January 1, 2000. The agreement must also 646 require the franchise to reimburse the state for state funds 647 expended by an applicant under this section if the franchise 648 relocates before the agreement expires; however, if bonds were 649 issued to construct or renovate a facility for a spring training 650 franchise, the required reimbursement must be equal to the total 651 amount of state distributions expected to be paid from the date 652 the franchise breaks its agreement with the applicant through 653 the final maturity of the bonds. The agreement may be contingent 654 on an award of funds under this section and other conditions 655 precedent. 656 3. The applicant has made a financial commitment to provide 657 50 percent or more of the funds required by an agreement for the 658 construction or renovation of the facility for a spring training 659 franchise. The commitment may be contingent upon an award of 660 funds under this section and other conditions precedent. 661 4. The applicant demonstrates that the facility for a 662 spring training franchise will attract a paid attendance of at 663 least 50,000 persons annually to the spring training games. 664 5. The facility for a spring training franchise is located 665 in a county that levies a tourist development tax under s. 666 125.0104. 667 (c) Each applicant certified on or after July 1, 2013, 668 shall enter into an agreement with the department which: 669 1. Specifies the amount of the state incentive funding to 670 be distributed. The amount of state incentive funding per 671 certified applicant may not exceed $20 million. However, if a 672 certified applicant’s facility is used by more than one spring 673 training franchise, the maximum amount may not exceed $50 674 million, and the Department of Revenue shall make distributions 675 to the applicant pursuant to s. 212.20(6)(d)6.e.for not more676than 37 years and 6 months.677 2. States the criteria that the certified applicant must 678 meet in order to remain certified. These criteria must include a 679 provision stating that the spring training franchise must 680 reimburse the state for any funds received if the franchise does 681 not comply with the terms of the contract. If bonds were issued 682 to construct or renovate a facility for a spring training 683 franchise, the required reimbursement must be equal to the total 684 amount of state distributions expected to be paid from the date 685 the franchise violates the agreement with the applicant through 686 the final maturity of the bonds. 687 3. States that the certified applicant is subject to 688 decertification if the certified applicant fails to comply with 689 this section or the agreement. 690 4. States that the department may recover state incentive 691 funds if the certified applicant is decertified. 692 5. Specifies the information that the certified applicant 693 must report to the department. 694 6. Includes any provision deemed prudent by the department. 695 (d) If a certified applicant has been certified under this 696 program for use of its facility by one spring training 697 franchise, the certified applicant may apply to amend its 698 certification for use of its facility by more than one spring 699 training franchise. The certified applicant must submit an 700 application to amend its original certification that meets the 701 requirements of this section. The maximum amount of state 702 incentive funding to be distributed may not exceed $50 million 703 as provided in subparagraph (c)1. for a certified applicant with 704 a facility used by more than one spring training franchise, 705 including any distributions previously received by the certified 706 applicant under its original certification under this section. 707 Upon approval of an amended certification, the department shall 708 notify the Department of Revenue as provided in this section. 709 Section 6. Section 288.1166, Florida Statutes, is amended 710 to read: 711 288.1166 Professional sports facility; designation as 712 shelter site for the homeless; establishment of local programs.— 713 (1) AAnyprofessional sports facility constructed with 714 financial assistance from the stateof Floridashall be 715 designated as a shelter site for the homeless during the period 716 of a declared federal, state, or local emergency in accordance 717 with the criteria of locally existing homeless shelter programs 718 unless:, except when719 (a) The facility is otherwise contractually obligated for a 720 specific event or activity; 721 (b) The facility is designated or used by the county owning 722 the facility as a staging area; or 723 (c) The county owning the facility also owns or operates 724 homeless assistance centers and the county determines there 725 exists sufficient capacity to meet the sheltering needs of 726 homeless persons within the county. 727 (2) IfShoulda local program does not existbe in728existencein the facility’s area, such program shall be 729 established in accordance with normally accepted criteria as 730 defined by the county or its designee. 731 Section 7. (1) The executive director of the Department of 732 Economic Opportunity is authorized, and all conditions are 733 deemed met, to adopt emergency rules pursuant to ss. 120.536(1) 734 and 120.54(4), Florida Statutes, for the purpose of implementing 735 this act. 736 (2) Notwithstanding any provision of law, such emergency 737 rules shall remain in effect for 6 months after the date adopted 738 and may be renewed during the pendency of procedures to adopt 739 permanent rules addressing the subject of the emergency rules. 740 (3) This section expires July 1, 2015. 741 Section 8. This act shall take effect upon becoming a law.