Senate Bill 1626
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Florida Senate - 1999 SB 1626
By Senator Bronson
18-1328-99 See HB
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.
20
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
1
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Florida Senate - 1999 SB 1626
18-1328-99 See HB
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, and promote the sports industry in the state, and
7 WHEREAS, the establishment of a World Bowling Village
8 facility would, in addition to educational and job opportunity
9 enhancement, accomplish the goals established for sports
10 promotion in the state, NOW, THEREFORE,
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (f) of subsection (6) of section
15 212.20, Florida Statutes, 1998 Supplement, is amended to read:
16 212.20 Funds collected, disposition; additional powers
17 of department; operational expense; refund of taxes
18 adjudicated unconstitutionally collected.--
19 (6) Distribution of all proceeds under this chapter
20 shall be as follows:
21 (f) The proceeds of all other taxes and fees imposed
22 pursuant to this chapter shall be distributed as follows:
23 1. In any fiscal year, the greater of $500 million,
24 minus an amount equal to 4.6 percent of the proceeds of the
25 taxes collected pursuant to chapter 201, or 5 percent of all
26 other taxes and fees imposed pursuant to this chapter shall be
27 deposited in monthly installments into the General Revenue
28 Fund.
29 2. Two-tenths of one percent shall be transferred to
30 the Solid Waste Management Trust Fund.
31
2
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Florida Senate - 1999 SB 1626
18-1328-99 See HB
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
3
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Florida Senate - 1999 SB 1626
18-1328-99 See HB
1 open to the public, $166,667 shall be distributed monthly, for
2 up to 300 months, to the applicant.
3 c. Beginning 30 days after notice by the Department of
4 Commerce to the Department of Revenue that the applicant has
5 been certified as the International Game Fish Association
6 World Center facility pursuant to s. 288.1169, and the
7 facility is open to the public, $83,333 shall be distributed
8 monthly, for up to 180 months, to the applicant. This
9 distribution is subject to reduction pursuant to s. 288.1169.
10 d. Beginning 30 days after notice by the Office of
11 Tourism, Trade, and Economic Development to the Department of
12 Revenue that the applicant has been certified as the World
13 Bowling Village facility pursuant to s. 288.1171, and the
14 facility is open to the public, $166,667 shall be distributed
15 monthly, for up to 240 months, to the applicant. This
16 distribution is subject to reduction pursuant to s. 288.1171.
17 6. All other proceeds shall remain with the General
18 Revenue Fund.
19 Section 2. Section 288.1171, Florida Statutes, is
20 created to read:
21 288.1171 World Bowling Village facility; duties.--
22 (1) The Office of Tourism, Trade, and Economic
23 Development shall serve as the state agency for screening
24 applicants for state funding pursuant to s. 212.20 and for
25 certifying one applicant as the World Bowling Village facility
26 in the state.
27 (2) Prior to certifying the World Bowling Village
28 facility, the Office of Tourism, Trade, and Economic
29 Development must determine that:
30 (a) The World Bowling Village facility is a bowling
31 complex consisting of bowling lanes, stadium seating, offices,
4
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Florida Senate - 1999 SB 1626
18-1328-99 See HB
1 a national training center, and a research and development
2 center.
3 (b) The applicant is a unit of local government as
4 defined in s. 218.369 or a private sector group that has
5 contracted to construct or operate the World Bowling Village
6 facility on land owned by a unit of local government.
7 (c) The municipality in which the World Bowling
8 Village facility is located, or the county if the facility is
9 located in an unincorporated area, has certified by resolution
10 after a public hearing that the application serves a public
11 purpose.
12 (d) There is an independent analysis or study, using
13 methodology approved by the Office of Tourism, Trade, and
14 Economic Development, which demonstrates that the amount of
15 the revenues generated by the taxes imposed under chapter 212
16 with respect to the use and operation of the World Bowling
17 Village facility will equal or exceed $2 million annually.
18 (e) Documentation exists that demonstrates that the
19 applicant has provided, is capable of providing, or has
20 financial or other commitments to provide more than one-half
21 of the costs incurred or related to the improvement and
22 development of the facility.
23 (f) The application is signed by an official senior
24 executive of the applicant and is notarized according to
25 Florida law providing for penalties for falsification.
26 (3) The applicant may use funds provided pursuant to
27 s. 212.20 for the public purpose of paying for the
28 construction, reconstruction, renovation, furnishings,
29 equipment, or operation of the World Bowling Village facility,
30 or to pay or pledge for payment of debt service on, or to fund
31 debt service reserve funds, arbitrage rebate obligations, or
5
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Florida Senate - 1999 SB 1626
18-1328-99 See HB
1 other amounts payable with respect to, bonds issued for the
2 construction, reconstruction, build-out, or renovation of the
3 facility or for the reimbursement of such costs or the
4 refinancing of bonds issued for such purpose.
5 (4) Upon determining that an applicant is or is not
6 certifiable, the Office of Tourism, Trade, and Economic
7 Development shall notify the applicant of his or her status by
8 means of an official letter. If certifiable, the Office of
9 Tourism, Trade, and Economic Development shall notify the
10 executive director of the Department of Revenue and the
11 applicant of such certification by means of an official letter
12 granting certification. From the date of such certification,
13 the applicant shall have 5 years to open the World Bowling
14 Village facility to the public and notify the Office of
15 Tourism, Trade, and Economic Development of such opening. The
16 Department of Revenue shall not begin distributing funds until
17 30 days following notice by the Office of Tourism, Trade, and
18 Economic Development that the World Bowling Village facility
19 is open to the public.
20 (5) The Department of Revenue may audit as provided in
21 s. 213.34 to verify that the distributions under this section
22 have been expended as required by this section.
23 (6) The Office of Tourism, Trade, and Economic
24 Development must recertify every 10 years that the facility is
25 open and is meeting the minimum projections for sales tax
26 revenues as required at the time of original certification.
27 If the facility is not certified as meeting the minimum
28 projections, then funding will be abated until certification
29 criteria are met. If the project fails to generate $2 million
30 of annual revenues pursuant to paragraph (2)(d), the
31 distribution of revenues pursuant to s. 212.20(6)(f)5.d. shall
6
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Florida Senate - 1999 SB 1626
18-1328-99 See HB
1 be reduced to an amount equal to $166,667 multiplied by a
2 fraction, the numerator of which is the actual revenues
3 generated and the denominator of which is $2 million. Such
4 reduction shall remain in effect until revenues generated by
5 the project in a 12-month period equal or exceed $2 million.
6 Section 3. This act shall take effect July 1, 1999.
7
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9 HOUSE SUMMARY
10
Creates the World Bowling Village facility, which would
11 contain the world headquarters of Bowling Inc., a
nonprofit consortium of major bowling organizations.
12 Provides for distribution of a portion of revenues from
the tax on sales, use, and other transactions to such
13 facility. Provides for certification of the World
Bowling Village facility by the Office of Tourism, Trade,
14 and Economic Development of the Executive Office of the
Governor. Provides requirements for certification.
15 Provides for the use of funds distributed to the facility
and specifies when distribution of such funds begins.
16 Requires specified notice. Provides a time limit for the
opening of the facility. Provides for audits by the
17 Department of Revenue. Provides for periodic
recertification. Abates or reduces funding under certain
18 circumstances.
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