Senate Bill 0810
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    Florida Senate - 1998                                   SB 810
    By Senator Silver
    38-630-98
  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, 288.1169, F.S.; conforming
23         cross-references; providing an effective date.
24
25         WHEREAS, Homestead and the South Dade area are
26  continuing to recover from the devastation of Hurricane Andrew
27  and are benefiting significantly both from the direct economic
28  impact generated by facilities such as the Metro-Dade
29  Homestead Motorsports Complex and the indirect economic impact
30  generated by the positive publicity resulting from the
31  numerous national and international broadcasts from and press
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    Florida Senate - 1998                                   SB 810
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  1  coverage generated by the Metro-Dade Homestead Motorsports
  2  Complex, and
  3         WHEREAS, more than 5 million international travelers
  4  visited the Greater Miami area in 1995, marking a 7 percent
  5  increase over 1994, while the first quarter of 1996 saw a 4.7
  6  percent increase in international visitors over the same
  7  period of 1995, and
  8         WHEREAS, an estimated 1 million international travelers
  9  visited the Florida Keys in 1995, and
10         WHEREAS, the City of Homestead has announced its
11  support for and participation in an international educational
12  automotive and racing history museum owned and operated by the
13  Grand Prix Foundation, Inc., a not-for-profit Florida
14  corporation headed by a board of directors made up of local
15  community leaders and national and international racing
16  officials, to be located at the state-of-the-art facility, and
17         WHEREAS, the International Motorsports Museum, to be
18  located in the Metro-Dade Homestead area, will benefit from
19  its strategic location midway between Greater Miami and the
20  Florida Keys and its easy access to both the Florida Turnpike
21  and U.S. 1, and
22         WHEREAS, the Grand Prix Foundation, Inc., will create a
23  stand-alone and exciting attraction that will be open
24  year-round and plans to work with tour operators to make the
25  international educational automotive and racing history museum
26  a family-oriented attraction for the millions of visitors from
27  North America and around the world who tour through South
28  Florida and the Florida Keys, and
29         WHEREAS, the additional tourism generated by the
30  International Motorsports Museum will have a positive impact
31  on the taxes and economy of the state, and
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    Florida Senate - 1998                                   SB 810
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  1         WHEREAS, the International Motorsports Museum project
  2  will build upon the economic development already being reaped
  3  from the creation of the Metro-Dade Homestead Motorsports
  4  Complex, and
  5         WHEREAS, according to the International Association of
  6  Sports Museums and Halls of Fame, an estimated 40 million
  7  people annually visit sports and entertainment-related museums
  8  world-wide, and
  9         WHEREAS, the International Motorsports Museum will
10  serve as a world centerpiece of exhibits to educate visitors
11  on the advanced technology involved in automobile racing, the
12  use of computers in racing and automobile design, vehicle
13  dynamics, and the rich world history of automobile racing, and
14         WHEREAS, a permanent exhibit at the International
15  Motorsports Museum is also envisioned, featuring the
16  devastating impact of Hurricane Andrew on the South Dade
17  community and the community's recovery from the hurricane, and
18         WHEREAS, the International Motorsports Museum will
19  further create economic development for the Homestead and
20  South Dade community, and
21         WHEREAS, attendance at auto races across North America
22  during 1995 increased nearly 4 percent over 1994 to almost 15
23  million, further contributing to motorsport's increasingly
24  growing worldwide population, and
25         WHEREAS, in addition to the United States, over 150
26  countries aired coverage of the 1996 season of IndyCar, the
27  body which sanctions the annual IndyCar Grand Prix of Miami,
28  including national stations in France, Germany, Italy, the
29  Netherlands, Russia, Sweden, the United Kingdom, Brazil,
30  Canada, Chile, the Dominican Republic, Mexico, Peru, South
31
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  1  Africa, Australia, China, Japan, New Zealand, and Singapore,
  2  and
  3         WHEREAS, the international museum will be featured in
  4  national and international broadcasts from the Metro-Dade
  5  Homestead Motorsports Complex and will be the subject of a
  6  variety of press coverages during the many events scheduled
  7  annually at the facility, and
  8         WHEREAS, IndyCar and the Sports Car Club of America
  9  have designated the planned museum as their Official
10  International Museum, subject to groundbreaking for the museum
11  taking place before May 1999, NOW, THEREFORE,
12
13  Be It Enacted by the Legislature of the State of Florida:
14
15         Section 1.  Paragraph (f) of subsection (6) of section
16  212.20, Florida Statutes, is amended to read:
17         212.20  Funds collected, disposition; additional powers
18  of department; operational expense; refund of taxes
19  adjudicated unconstitutionally collected.--
20         (6)  Distribution of all proceeds under this part shall
21  be as follows:
22         (f)  The proceeds of all other taxes and fees imposed
23  pursuant to this part shall be distributed as follows:
24         1.  In any fiscal year, the greater of $500 million,
25  minus an amount equal to 4.6 percent of the proceeds of the
26  taxes collected pursuant to chapter 201, or 5 percent of all
27  other taxes and fees imposed pursuant to this part shall be
28  deposited in monthly installments into the General Revenue
29  Fund.
30         2.  Two-tenths of one percent shall be transferred to
31  the Solid Waste Management Trust Fund.
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  1         3.  After the distribution under subparagraphs 1. and
  2  2., 9.653 percent of the amount remitted by a sales tax dealer
  3  located within a participating county pursuant to s. 218.61
  4  shall be transferred into the Local Government Half-cent Sales
  5  Tax Clearing Trust Fund.
  6         4.  After the distribution under subparagraphs 1., 2.,
  7  and 3., 0.054 percent shall be transferred to the Local
  8  Government Half-cent Sales Tax Clearing Trust Fund and
  9  distributed pursuant to s. 218.65.
10         5.  Of the remaining proceeds:
11         a.  Beginning July 1, 1992, $166,667 shall be
12  distributed monthly by the department to each applicant that
13  has been certified as a "facility for a new professional
14  sports franchise" or a "facility for a retained professional
15  sports franchise" pursuant to s. 288.1162 and $41,667 shall be
16  distributed monthly by the department to each applicant that
17  has been certified as a "new spring training franchise
18  facility" pursuant to s. 288.1162. Distributions shall begin
19  60 days following such certification and shall continue for 30
20  years. Nothing contained herein shall be construed to allow an
21  applicant certified pursuant to s. 288.1162 to receive more in
22  distributions than actually expended by the applicant for the
23  public purposes provided for in s. 288.1162(7). However, a
24  certified applicant shall receive distributions up to the
25  maximum amount allowable and undistributed under this section
26  for additional renovations and improvements to the facility
27  for the franchise without additional certification.
28         b.  Beginning 30 days after notice by the Office of
29  Tourism, Trade, and Economic Development to the Department of
30  Revenue that an applicant has been certified as the
31  professional golf hall of fame pursuant to s. 288.1168 and is
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  1  open to the public, the department shall distribute $166,667
  2  shall be distributed monthly, for up to 300 months, to the
  3  applicant.
  4         c.  Beginning 30 days after notice by the Office of
  5  Tourism, Trade, and Economic Development Department of
  6  Commerce to the Department of Revenue that the applicant has
  7  been certified as the International Game Fish Association
  8  World Center facility pursuant to s. 288.1169, and the
  9  facility is open to the public, the department shall
10  distribute $83,333 shall be distributed monthly, for up to 180
11  months, to the applicant.  This distribution is subject to
12  reduction pursuant to s. 288.1169.
13         d.  Beginning 30 days after notice by the Office of
14  Tourism, Trade, and Economic Development to the Department of
15  Revenue that the applicant has been certified as the
16  International Motorsports Museum facility pursuant to s.
17  288.11695, and the facility is open to the public, the
18  department shall distribute $83,333 monthly, for up to 180
19  months, to the applicant.  This distribution is subject to
20  reduction pursuant to s. 288.11695.
21         6.  All other proceeds shall remain with the General
22  Revenue Fund.
23         Section 2.  Section 288.11695, Florida Statutes, is
24  created to read:
25         288.11695  International Motorsports Museum facility;
26  duties of the Office of Tourism, Trade, and Economic
27  Development.--
28         (1)  The Office of Tourism, Trade, and Economic
29  Development shall serve as the state agency approving
30  applicants for funding pursuant to s. 212.20 and for
31  certifying the applicant as the International Motorsports
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  1  Museum facility. As used in this section, the term "facility"
  2  means the International Motorsports Museum, and the term
  3  "project" means the International Motorsports Museum and new
  4  colocated improvements by private sector concerns who have
  5  made cash or in-kind contributions to the facility of $1
  6  million or more.
  7         (2)  Before certifying this facility, the Office of
  8  Tourism, Trade, and Economic Development must determine that:
  9         (a)  The International Motorsports Museum, to be
10  headquartered in Homestead, Florida, has been awarded and
11  designated as the official museum of at least one nationally
12  recognized motorsport sanctioning body, including, but not
13  limited to, IndyCar or the Sports Car Club of America (SCCA),
14  and that one or more public or private sector concerns have
15  committed to donate to the International Motorsports Museum
16  Foundation land upon which the International Motorsports
17  Museum will operate. Such land must not be part of the
18  Metro-Dade Homestead Motorsports Complex.
19         (b)  The Grand Prix Foundation, Inc., is a
20  not-for-profit Florida corporation that has contracted to
21  construct and operate the facility.
22         (c)  The municipality in which the facility is located,
23  or the county if the facility is located in an unincorporated
24  area, has certified by resolution after a public hearing that
25  the facility serves a public purpose.
26         (d)  There are existing projections that the
27  International Motorsports Museum facility and the colocated
28  facilities of private sector concerns will attract an
29  attendance of more than 1 million annually.
30
31
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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, the Metro-Dade Homestead area, or
  7  the Motorsports Complex, or other similar attractions in the
  8  Metro-Dade Homestead area, which shall include event
  9  promotions and television broadcasts, during the period of
10  time that the facility receives funds pursuant to s. 212.20.
11  Failure on the part of the applicant to annually provide the
12  advertising as provided in this paragraph shall result in the
13  termination of the funding as provided in s. 212.20. The
14  applicant can discharge its obligation under this paragraph by
15  contracting with other persons, including private sector
16  concerns who participate in the project.
17         (g)  Documentation exists that demonstrates that the
18  applicant has provided, and is capable of providing, or has
19  financial or other commitments to provide, more than one-half
20  of the cost incurred or related to the improvements and the
21  development of the facility.
22         (h)  The application is signed by senior officials of
23  the Grand Prix Foundation, Inc., and is notarized according to
24  Florida law providing for penalties for falsification.
25         (3)  The applicant may use funds provided pursuant to
26  s. 212.20 for the purpose of paying for the construction,
27  reconstruction, renovation, promotion, or operation of the
28  facility, or to pay or pledge for payment of debt service on,
29  or to fund debt service reserve funds, arbitrage rebate
30  obligations, or other amounts payable with respect to, bonds
31  issued for the construction, reconstruction, or renovation of
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  1  the facility or for the reimbursement of such costs or by
  2  refinancing of bonds issued for such purposes.
  3         (4)  Upon determining that an applicant is or is not
  4  certifiable, the Office of Tourism, Trade, and Economic
  5  Development shall notify the applicant of its status by means
  6  of an official letter.  If the applicant is certifiable, the
  7  Office of Tourism, Trade, and Economic Development shall
  8  notify the executive director of the Department of Revenue and
  9  the applicant of such certification by means of an official
10  letter granting certification. The applicant shall have 5
11  years after the date of such certification to open the
12  facility to the public and notify the Office of Tourism,
13  Trade, and Economic Development of the opening. The Department
14  of Revenue shall not begin distributing funds until 30 days
15  following notice by the Office of Tourism, Trade, and Economic
16  Development that the facility is open to the public.
17         (5)  The Department of Revenue may audit as provided in
18  s. 213.34 to verify that the contributions pursuant to this
19  section have been expended as required by this section.
20         (6)  The Office of Tourism, Trade, and Economic
21  Development must recertify every 10 years that the facility is
22  open, that the International Motorsports Museum continues to
23  be designated by a sanctioning body.  If the facility is not
24  recertified during this 10-year review as meeting the minimum
25  projections, funding must be abated until certification
26  criteria are met.
27         (7)  The Office of Tourism, Trade, and Economic
28  Development shall, in addition to any other requirements of
29  this section, determine that an applicant that has been
30  certified under this section has entered into a contract with
31  the Department of Labor and Employment Security in which the
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  1  applicant agrees to register with the Work and Gain Economic
  2  Self-Sufficiency (WAGES) Program Business Registry established
  3  by the local WAGES coalition for the area in which the
  4  applicant is located.  The contract must further provide that
  5  the applicant shall hire WAGES Program participants to the
  6  maximum extent possible and must provide for appropriate
  7  monitoring and training of such employees.  The applicant
  8  shall agree to employ a specified number of WAGES participants
  9  in each year that the applicant receives a distribution under
10  s. 212.20.  The number of WAGES participants to be employed by
11  the applicant must be based upon the applicant's good-faith
12  efforts, workforce availability, and suitable jobs, and must
13  be in keeping with the applicant's minimum standards of
14  employment as provided in the contract with the department.
15  The applicant may renegotiate the contract and employ fewer
16  WAGES program participants if the applicant demonstrates to
17  the satisfaction of the department that, due to economic
18  condition or the nature of the applicant's business in a given
19  year, the requirement to hire the specified number of
20  employees is unattainable.  Each applicant subject to the
21  requirements of this subsection shall report to the Governor,
22  the President of the Senate, and the Speaker of the House of
23  Representatives by December 31 of each year in which the
24  applicant receives a distribution under s. 212.20 on the
25  extent to which the applicant's employees are WAGES
26  participants.
27         Section 3.  Subsections (5) and (6) of section 218.65,
28  FLorida Statutes, are amended to read:
29         218.65  Emergency distribution.--
30         (5)  At the beginning of each fiscal year, the
31  Department of Revenue shall calculate a base allocation for
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  1  each eligible county equal to the difference between the
  2  current per capita limitation times the county's population,
  3  minus prior year ordinary distributions to the county pursuant
  4  to ss. 212.20(6)(f)(g)3., 218.61, and 218.62.  If moneys
  5  deposited into the Local Government Half-cent Sales Tax
  6  Clearing Trust Fund pursuant to s. 212.20(6)(f)(g)4.,
  7  excluding moneys appropriated for supplemental distributions
  8  pursuant to subsection (7), for the current year are less than
  9  or equal to the sum of the base allocations, each eligible
10  county shall receive a share of the appropriated amount
11  proportional to its base allocation.  If the deposited amount
12  exceeds the sum of the base allocations, each county shall
13  receive its base allocation, and the excess appropriated
14  amount shall be distributed equally on a per capita basis
15  among the eligible counties.
16         (6)  There is hereby annually appropriated from the
17  Local Government Half-cent Sales Tax Clearing Trust Fund the
18  distribution provided in s. 212.20(6)(f)(g)4. to be used for
19  emergency and supplemental distributions pursuant to this
20  section.
21         Section 4.  Subsection (6) of section 288.1169, Florida
22  Statutes, is amended to read:
23         288.1169  International Game Fish Association World
24  Center facility; department duties.--
25         (6)  The Office of Tourism, Trade, and Economic
26  Development Department of Commerce must recertify every 10
27  years that the facility is open, that the International Game
28  Fish Association World Center continues to be the only
29  international administrative headquarters, fishing museum, and
30  Hall of Fame in the United States recognized by the
31  International Game Fish Association, and that the project is
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  1  meeting the minimum projections for attendance or sales tax
  2  revenues as required at the time of original certification.
  3  If the facility is not recertified during this 10-year review
  4  as meeting the minimum projections, then funding will be
  5  abated until certification criteria are met.  If the project
  6  fails to generate $1 million of annual revenues pursuant to
  7  paragraph (2)(e), the distribution of revenues pursuant to s.
  8  212.20(6)(f)(g)5.c. shall be reduced to an amount equal to
  9  $83,333 multiplied by a fraction, the numerator of which is
10  the actual revenues generated and the denominator of which is
11  $1 million.  Such reduction shall remain in effect until
12  revenues generated by the project in a 12-month period equal
13  or exceed $1 million.
14         Section 5.  This act shall take effect October 1, 1998.
15
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17                          SENATE SUMMARY
18    Provides for distributing a portion of revenues from the
      tax on sales, use, and other transactions to the
19    International Motorsports Museum facility. Provides for
      the certification of the facility by the Office of
20    Tourism, Trade, and Economic Development. Provides
      requirements for certification. Requires the
21    International Motorsports Museum facility to contribute
      certain advertising. Terminates or abates funding in
22    specified circumstances. Provides for use of the funds
      distributed to the museum. Provides for audits by the
23    Department of Revenue. Provides for periodic
      recertification. Requires applicants for certification to
24    contract with the Department of Labor and Employment
      Security to hire WAGES program participants. Provides
25    contract requirements. Requires a report to the Governor
      and to legislative officials.
26
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