House Bill 1071
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Florida House of Representatives - 1999 HB 1071
By Representative Bronson
1 A bill to be entitled
2 An act relating to the World Bowling Village
3 facility; amending s. 212.20, F.S.; providing
4 for distribution of a portion of revenues from
5 the tax on sales, use, and other transactions
6 to such facility; creating s. 288.1171, F.S.;
7 providing for certification of such facility by
8 the Office of Tourism, Trade, and Economic
9 Development of the Executive Office of the
10 Governor; providing requirements for
11 certification; providing for use of the funds
12 distributed to the facility; requiring
13 specified notice; providing a time limit for
14 opening the facility; specifying when
15 distribution of funds begins; providing for
16 audits by the Department of Revenue; providing
17 for periodic recertification; abating or
18 reducing funding under certain circumstances;
19 providing an effective date.
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21 WHEREAS, the World Bowling Village would contain the
22 world headquarters of Bowling, Inc., a not-for-profit
23 consortium of major bowling organizations, which would create
24 new jobs for the State of Florida, and
25 WHEREAS, the World Bowling Village would receive
26 national and international media promotion and attention to
27 the extent of promoting the quality of life in Florida so as
28 to attract national and international tourists and
29 sports-related industry, and
30 WHEREAS, additional generated tourism has a positive
31 impact on both the taxes and economy of the state, and
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1 additional economic development enhances employment
2 opportunities for Florida citizens as well as expanding the
3 tax base, and
4 WHEREAS, the Florida Legislature has directed the
5 Office of Tourism, Trade, and Economic Development to guide,
6 stimulate, promote, and solicit new sports activities within
7 the state, and
8 WHEREAS, the Office of Tourism, Trade, and Economic
9 Development has additionally been authorized to make
10 expenditures for and facilitate the acquisition, proper
11 financing, and construction of sports facilities, and
12 WHEREAS, the establishment of a World Bowling Village
13 facility would, in addition to educational and job opportunity
14 enhancement, accomplish the goals established for sports
15 promotion in the state, NOW, THEREFORE,
16
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, 1998 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 chapter
25 shall be as follows:
26 (f) The proceeds of all other taxes and fees imposed
27 pursuant to this chapter 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 chapter shall be
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Florida House of Representatives - 1999 HB 1071
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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, $166,667 shall be distributed monthly, for
6 up to 300 months, to the applicant.
7 c. Beginning 30 days after notice by the Department of
8 Commerce to the Department of Revenue that the applicant has
9 been certified as the International Game Fish Association
10 World Center facility pursuant to s. 288.1169, and the
11 facility is open to the public, $83,333 shall be distributed
12 monthly, for up to 180 months, to the applicant. This
13 distribution is subject to reduction pursuant to s. 288.1169.
14 d. Beginning 30 days after notice by the Office of
15 Tourism, Trade, and Economic Development to the Department of
16 Revenue that the applicant has been certified as the World
17 Bowling Village facility pursuant to s. 288.1171, and the
18 facility is open to the public, $166,667 shall be distributed
19 monthly, for up to 240 months, to the applicant. This
20 distribution is subject to reduction pursuant to s. 288.1171.
21 6. All other proceeds shall remain with the General
22 Revenue Fund.
23 Section 2. Section 288.1171, Florida Statutes, is
24 created to read:
25 288.1171 World Bowling Village facility; duties.--
26 (1) The Office of Tourism, Trade, and Economic
27 Development shall serve as the state agency for screening
28 applicants for state funding pursuant to s. 212.20 and for
29 certifying one applicant as the World Bowling Village facility
30 in the state.
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1 (2) Prior to certifying the World Bowling Village
2 facility, the Office of Tourism, Trade, and Economic
3 Development must determine that:
4 (a) The World Bowling Village facility is a bowling
5 complex consisting of bowling lanes, stadium seating, offices,
6 a national training center, and a research and development
7 center.
8 (b) The applicant is a unit of local government as
9 defined in s. 218.369 or a private sector group that has
10 contracted to construct or operate the World Bowling Village
11 facility on land owned by a unit of local government.
12 (c) The municipality in which the World Bowling
13 Village facility is located, or the county if the facility is
14 located in an unincorporated area, has certified by resolution
15 after a public hearing that the application serves a public
16 purpose.
17 (d) There is an independent analysis or study, using
18 methodology approved by the Office of Tourism, Trade, and
19 Economic Development, which demonstrates that the amount of
20 the revenues generated by the taxes imposed under chapter 212
21 with respect to the use and operation of the World Bowling
22 Village facility will equal or exceed $2 million annually.
23 (e) Documentation exists that demonstrates that the
24 applicant has provided, is capable of providing, or has
25 financial or other commitments to provide more than one-half
26 of the costs incurred or related to the improvement and
27 development of the facility.
28 (f) The application is signed by an official senior
29 executive of the applicant and is notarized according to
30 Florida law providing for penalties for falsification.
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1 (3) The applicant may use funds provided pursuant to
2 s. 212.20 for the public purpose of paying for the
3 construction, reconstruction, renovation, furnishings,
4 equipment, or operation of the World Bowling Village facility,
5 or to pay or pledge for payment of debt service on, or to fund
6 debt service reserve funds, arbitrage rebate obligations, or
7 other amounts payable with respect to, bonds issued for the
8 construction, reconstruction, build-out, or renovation of the
9 facility or for the reimbursement of such costs or the
10 refinancing of bonds issued for such purpose.
11 (4) Upon determining that an applicant is or is not
12 certifiable, the Office of Tourism, Trade, and Economic
13 Development shall notify the applicant of his or her status by
14 means of an official letter. If certifiable, the Office of
15 Tourism, Trade, and Economic Development shall notify the
16 executive director of the Department of Revenue and the
17 applicant of such certification by means of an official letter
18 granting certification. From the date of such certification,
19 the applicant shall have 5 years to open the World Bowling
20 Village facility to the public and notify the Office of
21 Tourism, Trade, and Economic Development of such opening. The
22 Department of Revenue shall not begin distributing funds until
23 30 days following notice by the Office of Tourism, Trade, and
24 Economic Development that the World Bowling Village facility
25 is open to the public.
26 (5) The Department of Revenue may audit as provided in
27 s. 213.34 to verify that the distributions under this section
28 have been expended as required by this section.
29 (6) The Office of Tourism, Trade, and Economic
30 Development must recertify every 10 years that the facility is
31 open and is meeting the minimum projections for sales tax
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Florida House of Representatives - 1999 HB 1071
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1 revenues as required at the time of original certification.
2 If the facility is not certified as meeting the minimum
3 projections, then funding will be abated until certification
4 criteria are met. If the project fails to generate $2 million
5 of annual revenues pursuant to paragraph (2)(d), the
6 distribution of revenues pursuant to s. 212.20(6)(f)5.d. shall
7 be reduced to an amount equal to $166,667 multiplied by a
8 fraction, the numerator of which is the actual revenues
9 generated and the denominator of which is $2 million. Such
10 reduction shall remain in effect until revenues generated by
11 the project in a 12-month period equal or exceed $2 million.
12 Section 3. This act shall take effect July 1, 1999.
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15 HOUSE SUMMARY
16
Creates the World Bowling Village facility and provides
17 for distribution of a portion of revenues from the tax on
sales, use, and other transactions to such facility.
18 Provides for certification of the World Bowling Village
facility by the Office of Tourism, Trade, and Economic
19 Development of the Executive Office of the Governor.
Provides requirements for certification. Provides for the
20 use of funds distributed to the facility and specifies
when distribution of such funds begins. Requires
21 specified notice. Provides a time limit for the opening
of the facility. Provides for audits by the Department
22 of Revenue. Provides for periodic recertification.
Abates or reduces funding under certain circumstances.
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