CODING: Words stricken are deletions; words underlined are additions.House Bill 1135c1
Florida House of Representatives - 1997 CS/HB 1135
By the Committee on Tourism and Representatives Cosgrove,
Barreiro, Garcia, Mackenzie, Logan, Meek, Lippman, Morse,
Villalobos, Heyman and Bullard
1 A bill to be entitled
2 An act relating to the International
3 Motorsports Museum facility; amending s.
4 212.20, F.S.; providing for distribution of a
5 portion of revenues from the tax on sales, use,
6 and other transactions to such facility;
7 creating s. 288.11695, F.S.; providing for
8 certification of such facility by the Office of
9 Tourism, Trade, and Economic Development;
10 providing requirements for certification;
11 requiring the International Motorsports Museum
12 facility to contribute certain advertising;
13 terminating or abating funding under certain
14 circumstances; providing for use of the funds
15 distributed to the museum; providing for audits
16 by the Department of Revenue; providing for
17 periodic recertification; requiring applicants
18 for certification to contract with the
19 Department of Labor and Employment Security to
20 hire WAGES program participants; providing
21 contract requirements; requiring a report;
22 amending ss. 218.65 and 288.1169, F.S.;
23 conforming cross references; providing an
24 effective date.
25
26 WHEREAS, the Metro-Dade Homestead Motorsports Complex,
27 in less than one year of operation, has already been called
28 the finest motorsports facility in the world, and
29 WHEREAS, Homestead and the South Dade area are
30 continuing to recover from the devastation of Hurricane Andrew
31 and are benefiting significantly both from the direct economic
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1 impact generated by the Metro-Dade Homestead Motorsports
2 Complex and the indirect economic impact generated by the
3 positive publicity resulting from the numerous national and
4 international broadcasts from and press coverage generated by
5 the Metro-Dade Homestead Motorsports Complex, and
6 WHEREAS, attendance at auto races across North America
7 during 1995 increased nearly 4 percent over 1994 to almost 15
8 million, further contributing to motorsport's increasingly
9 growing worldwide population, and
10 WHEREAS, in addition to the United States, over 150
11 countries aired coverage of the 1996 season of IndyCar, the
12 body which sanctions the annual IndyCar Grand Prix of Miami,
13 including national stations in France, Germany, Italy, the
14 Netherlands, Russia, Sweden, the United Kingdom, Brazil,
15 Canada, Chile, the Dominican Republic, Mexico, Peru, South
16 Africa, Australia, China, Japan, New Zealand, and Singapore,
17 and
18 WHEREAS, more than 5 million international travelers
19 visited the Greater Miami area in 1995, marking a 7 percent
20 increase over 1994, while the first quarter of 1996 saw a 4.7
21 percent increase in international visitors over the same
22 period of 1995, and
23 WHEREAS, an estimated 1 million international travelers
24 visited the Florida Keys in 1995, and
25 WHEREAS, according to the International Association of
26 Sports Museums and Halls of Fame, an estimated 40 million
27 people annually visit sports and entertainment-related museums
28 world-wide, and
29 WHEREAS, the City of Homestead has announced its
30 support for and participation in an international educational
31 automotive and racing history museum owned and operated by the
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1 Grand Prix Foundation, Inc., a not-for-profit Florida
2 corporation headed by a board of directors made up of local
3 community leaders and national and international racing
4 officials, to be located at the state-of-the-art facility, and
5 WHEREAS, the International Motorsports Museum, to be
6 located at the Metro-Dade Homestead Motorsports Complex, will
7 benefit from its strategic location midway between Greater
8 Miami and the Florida Keys and its easy access to both the
9 Florida Turnpike and U.S. 1, and
10 WHEREAS, the Grand Prix Foundation, Inc., will create a
11 stand-alone and exciting attraction that will be open
12 year-round and plans to work with tour operators to make the
13 international educational automotive and racing history museum
14 a family-oriented attraction for the millions of visitors from
15 North America and around the world who tour through South
16 Florida and the Florida Keys, and
17 WHEREAS, the international museum will be featured in
18 national and international broadcasts from the Metro-Dade
19 Homestead Motorsports Complex and will be the subject of a
20 variety of press coverages during the many events scheduled
21 annually at the facility, and
22 WHEREAS, the additional tourism generated by the
23 International Motorsports Museum will have a positive impact
24 on the taxes and economy of the state, and
25 WHEREAS, the International Motorsports Museum project
26 will build upon the economic development already being reaped
27 from the creation of the Metro-Dade Homestead Motorsports
28 Complex, and
29 WHEREAS, the International Motorsports Museum will
30 serve as a world centerpiece of exhibits to educate visitors
31 on the advanced technology involved in automobile racing, the
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1 use of computers in racing and automobile design, vehicle
2 dynamics, and the rich world history of automobile racing, and
3 WHEREAS, a permanent exhibit at the International
4 Motorsports Museum is also envisioned, featuring the
5 devastating impact of Hurricane Andrew on the South Dade
6 community and the community's recovery from the hurricane, and
7 WHEREAS, the International Motorsports Museum will
8 further create economic development for the Homestead and
9 South Dade community, and
10 WHEREAS, IndyCar and the Sports Car Club of America
11 have designated the planned museum as their Official
12 International Museum and have announced its location at the
13 Metro-Dade Homestead Motorsports Complex, subject to
14 groundbreaking for the museum taking place before May 1998,
15 NOW, THEREFORE,
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Paragraph (f) of subsection (6) of section
20 212.20, Florida Statutes, 1996 Supplement, is amended to read:
21 212.20 Funds collected, disposition; additional powers
22 of department; operational expense; refund of taxes
23 adjudicated unconstitutionally collected.--
24 (6) Distribution of all proceeds under this part shall
25 be as follows:
26 (f) The proceeds of all other taxes and fees imposed
27 pursuant to this part shall be distributed as follows:
28 1. In any fiscal year, the greater of $500 million,
29 minus an amount equal to 4.6 percent of the proceeds of the
30 taxes collected pursuant to chapter 201, or 5 percent of all
31 other taxes and fees imposed pursuant to this part shall be
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1 deposited in monthly installments into the General Revenue
2 Fund.
3 2. Two-tenths of one percent shall be transferred to
4 the Solid Waste Management Trust Fund.
5 3. After the distribution under subparagraphs 1. and
6 2., 9.653 percent of the amount remitted by a sales tax dealer
7 located within a participating county pursuant to s. 218.61
8 shall be transferred into the Local Government Half-cent Sales
9 Tax Clearing Trust Fund.
10 4. After the distribution under subparagraphs 1., 2.,
11 and 3., 0.054 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. Of the remaining proceeds:
15 a. Beginning July 1, 1992, $166,667 shall be
16 distributed monthly by the department to each applicant that
17 has been certified as a "facility for a new professional
18 sports franchise" or a "facility for a retained professional
19 sports franchise" pursuant to s. 288.1162 and $41,667 shall be
20 distributed monthly by the department to each applicant that
21 has been certified as a "new spring training franchise
22 facility" pursuant to s. 288.1162. Distributions shall begin
23 60 days following such certification and shall continue for 30
24 years. Nothing contained herein shall be construed to allow an
25 applicant certified pursuant to s. 288.1162 to receive more in
26 distributions than actually expended by the applicant for the
27 public purposes provided for in s. 288.1162(7). However, a
28 certified applicant shall receive distributions up to the
29 maximum amount allowable and undistributed under this section
30 for additional renovations and improvements to the facility
31 for the franchise without additional certification.
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1 b. Beginning 30 days after notice by the Office of
2 Tourism, Trade, and Economic Development to the Department of
3 Revenue that an applicant has been certified as the
4 professional golf hall of fame pursuant to s. 288.1168 and is
5 open to the public, the department shall distribute $166,667
6 shall be distributed monthly, for up to 300 months, to the
7 applicant.
8 c. Beginning 30 days after notice by the Office of
9 Tourism, Trade, and Economic Development Department of
10 Commerce to the Department of Revenue that the applicant has
11 been certified as the International Game Fish Association
12 World Center facility pursuant to s. 288.1169, and the
13 facility is open to the public, the department shall
14 distribute $83,333 shall be distributed monthly, for up to 180
15 months, to the applicant. This distribution is subject to
16 reduction pursuant to s. 288.1169.
17 d. Beginning 30 days after notice by the Office of
18 Tourism, Trade, and Economic Development to the Department of
19 Revenue that the applicant has been certified as the
20 International Motorsports Museum facility pursuant to s.
21 288.11695, and the facility is open to the public, the
22 department shall distribute $83,333 monthly, for up to 180
23 months, to the applicant. This distribution is subject to
24 reduction pursuant to s. 288.11695.
25 6. All other proceeds shall remain with the General
26 Revenue Fund.
27 Section 2. Section 288.11695, Florida Statutes, is
28 created to read:
29 288.11695 International Motorsports Museum facility;
30 duties of the Office of Tourism, Trade, and Economic
31 Development.--
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1 (1) The Office of Tourism, Trade, and Economic
2 Development shall serve as the state agency approving
3 applicants for funding pursuant to s. 212.20 and for
4 certifying the applicant as the International Motorsports
5 Museum facility. For purposes of this section, "facility"
6 means the International Motorsports Museum, and "project"
7 means the International Motorsports Museum and new colocated
8 improvements by private sector concerns who have made cash or
9 in-kind contributions to the facility of $1 million or more.
10 (2) Prior to certifying this facility, the Office of
11 Tourism, Trade, and Economic Development must determine that:
12 (a) The International Motorsports Museum, to be
13 headquartered in Homestead, Florida, has been awarded and
14 designated as the official museum of at least one nationally
15 recognized motorsport sanctioning body, including, but not
16 limited to, IndyCar, the Sports Car Club of America (SCCA), or
17 the National Association for Stock Car Auto Racing (NASCAR)
18 and that one or more private sector concerns have committed to
19 donate to the International Motorsports Museum Foundation land
20 upon which the International Motorsports Museum will operate.
21 (b) The Grand Prix Foundation, Inc., is a
22 not-for-profit Florida corporation that has contracted to
23 construct and operate the facility.
24 (c) The municipality in which the facility is located,
25 or the county if the facility is located in an unincorporated
26 area, has certified by resolution after a public hearing that
27 the facility serves a public purpose.
28 (d) There are existing projections that the
29 International Motorsports Museum facility and the colocated
30 facilities of private sector concerns will attract an
31 attendance of more than 1 million annually.
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1 (e) There are existing projections that the project
2 will attract annually more than 100,000 persons who are not
3 residents of this state.
4 (f) The applicant has submitted an agreement to
5 provide $500,000 annually in national and international media
6 promotion of the facility or the Motorsports Complex, which
7 shall include event promotions and television broadcasts,
8 during the period of time that the facility receives funds
9 pursuant to s. 212.20. Failure on the part of the applicant to
10 annually provide the advertising as provided in this paragraph
11 shall result in the termination of the funding as provided in
12 s. 212.20. The applicant can discharge its obligation under
13 this paragraph by contracting with other persons, including
14 private sector concerns who participate in the project.
15 (g) Documentation exists that demonstrates that the
16 applicant has provided, and is capable of providing, or has
17 financial or other commitments to provide, more than one-half
18 of the cost incurred or related to the improvements and the
19 development of the facility.
20 (h) The application is signed by senior officials of
21 the Grand Prix Foundation, Inc., and is notarized according to
22 Florida law providing for penalties for falsification.
23 (3) The applicant may use funds provided pursuant to
24 s. 212.20 for the purpose of paying for the construction,
25 reconstruction, renovation, promotion, or operation of the
26 facility, or to pay or pledge for payment of debt service on,
27 or to fund debt service reserve funds, arbitrage rebate
28 obligations, or other amounts payable with respect to, bonds
29 issued for the construction, reconstruction, or renovation of
30 the facility or for the reimbursement of such costs or by
31 refinancing of bonds issued for such purposes.
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1 (4) Upon determining that an applicant is or is not
2 certifiable, the Office of Tourism, Trade, and Economic
3 Development shall notify the applicant of its status by means
4 of an official letter. If certifiable, the Office of Tourism,
5 Trade, and Economic Development shall notify the executive
6 director of the Department of Revenue and the applicant of
7 such certification by means of an official letter granting
8 certification. From the date of such certification, the
9 applicant shall have 5 years to open the facility to the
10 public and notify the Office of Tourism, Trade, and Economic
11 Development of such opening. The Department of Revenue shall
12 not begin distributing funds until 30 days following notice by
13 the Office of Tourism, Trade, and Economic Development that
14 the facility is open to the public.
15 (5) The Department of Revenue may audit as provided in
16 s. 213.34 to verify that the contributions pursuant to this
17 section have been expended as required by this section.
18 (6) The Office of Tourism, Trade, and Economic
19 Development must recertify every 10 years that the facility is
20 open, that the International Motorsports Museum continues to
21 be designated by a sanctioning body. If the facility is not
22 recertified during this 10-year review as meeting the minimum
23 projections, funding shall be abated until certification
24 criteria are met.
25 (7) The Office of Tourism, Trade, and Economic
26 Development shall, in addition to any other requirements of
27 this section, determine that an applicant which has been
28 certified under this section has entered into a contract with
29 the Department of Labor and Employment Security in which the
30 applicant agrees to register with the Work and Gain Economic
31 Self-Sufficiency (WAGES) Program Business Registry established
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1 by the local WAGES coalition for the area in which the
2 applicant is located. Such contract shall further provide
3 that the applicant shall hire WAGES Program participants to
4 the maximum extent possible and shall provide for appropriate
5 monitoring and training of such employees. The applicant
6 shall agree to employ a specified number of WAGES participants
7 in each year that the applicant receives a distribution under
8 s. 212.20. The number of WAGES participants to be employed by
9 the applicant shall be based upon the applicant's good faith
10 efforts, workforce availability, suitable jobs, and in keeping
11 with the applicant's minimum standards of employment as
12 provided in the contract with the department. The applicant
13 may renegotiate the contract and employ fewer WAGES program
14 participants if the applicant demonstrates to the satisfaction
15 of the department that, due to economic condition or the
16 nature of the applicant's business in a given year, the
17 requirement to hire the specified number of employees is
18 unattainable. Each applicant subject to the requirements of
19 this subsection shall report to the Governor, the President of
20 the Senate and the Speaker of the House of Representatives by
21 December 31 of each year in which the applicant receives a
22 distribution under s. 212.20 on the extent to which the
23 applicant's employees are WAGES participants.
24 Section 3. Subsections (5) and (6) of section 218.65,
25 FLorida Statutes, 1996 Supplement, are amended to read:
26 218.65 Emergency distribution.--
27 (5) At the beginning of each fiscal year, the
28 Department of Revenue shall calculate a base allocation for
29 each eligible county equal to the difference between the
30 current per capita limitation times the county's population,
31 minus prior year ordinary distributions to the county pursuant
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1 to ss. 212.20(6)(f)(g)3., 218.61, and 218.62. If moneys
2 deposited into the Local Government Half-cent Sales Tax
3 Clearing Trust Fund pursuant to s. 212.20(6)(f)(g)4.,
4 excluding moneys appropriated for supplemental distributions
5 pursuant to subsection (7), for the current year are less than
6 or equal to the sum of the base allocations, each eligible
7 county shall receive a share of the appropriated amount
8 proportional to its base allocation. If the deposited amount
9 exceeds the sum of the base allocations, each county shall
10 receive its base allocation, and the excess appropriated
11 amount shall be distributed equally on a per capita basis
12 among the eligible counties.
13 (6) There is hereby annually appropriated from the
14 Local Government Half-cent Sales Tax Clearing Trust Fund the
15 distribution provided in s. 212.20(6)(f)(g)4. to be used for
16 emergency and supplemental distributions pursuant to this
17 section.
18 Section 4. Subsection (6) of section 288.1169, Florida
19 Statutes, 1996 Supplement, is amended to read:
20 288.1169 International Game Fish Association World
21 Center facility; department duties of the Office of Tourism,
22 Trade, and Economic Development.--
23 (6) The Office of Tourism, Trade, and Economic
24 Development Department of Commerce must recertify every 10
25 years that the facility is open, that the International Game
26 Fish Association World Center continues to be the only
27 international administrative headquarters, fishing museum, and
28 Hall of Fame in the United States recognized by the
29 International Game Fish Association, and that the project is
30 meeting the minimum projections for attendance or sales tax
31 revenues as required at the time of original certification.
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1 If the facility is not recertified during this 10-year review
2 as meeting the minimum projections, then funding will be
3 abated until certification criteria are met. If the project
4 fails to generate $1 million of annual revenues pursuant to
5 paragraph (2)(e), the distribution of revenues pursuant to s.
6 212.20(6)(f)(g)5.c. shall be reduced to an amount equal to
7 $83,333 multiplied by a fraction, the numerator of which is
8 the actual revenues generated and the denominator of which is
9 $1 million. Such reduction shall remain in effect until
10 revenues generated by the project in a 12-month period equal
11 or exceed $1 million.
12 Section 5. This act shall take effect October 1, 1997.
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