Senate Bill 1852

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    Florida Senate - 1999                                  SB 1852

    By Senator Jones





    40-1597A-99

  1                      A bill to be entitled

  2         An act relating to a motorsports complex

  3         facility; creating s. 288.1171, F.S.; providing

  4         that the Office of Tourism, Trade, and Economic

  5         Development shall screen applicants for funding

  6         pursuant to s. 212.20, F.S., as a motorsports

  7         complex facility, and certify one applicant as

  8         such a facility; specifying requirements for

  9         the applicant and the facility; providing

10         duties of the office and the Department of

11         Revenue; providing the amount of funds to be

12         distributed to the applicant and providing for

13         use of such funds; requiring annual

14         recertification; amending s. 212.20, F.S.;

15         providing for monthly distribution of a portion

16         of sales tax proceeds under ch. 212, F.S., to

17         such facility; providing an effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Section 288.1171, Florida Statutes, is

22  created to read:

23         288.1171  Motorsports complex facility.--

24         (1)  The Office of Tourism, Trade, and Economic

25  Development shall serve as the state agency for screening

26  applicants for state funding pursuant to s. 212.20 and for

27  certifying one applicant as the motorsports complex facility

28  in the state.

29         (2)  Prior to certifying the motorsports complex

30  facility, the office must determine that:

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    Florida Senate - 1999                                  SB 1852
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  1         (a)  The facility is located in a county operating

  2  under a charter authorized under the State Constitution.

  3         (b)  The applicant is a unit of local government, as

  4  defined in s. 218.369, which is the owner of the facility and

  5  the land on which the facility is located.

  6         (c)  The municipality in which the facility is located

  7  or the county, if the facility is located in an unincorporated

  8  area, has certified by resolution after a public hearing that

  9  the application serves a public purpose.

10         (d)  The facility is a state-of-the-art auto racing

11  facility that hosts at least five events annually, including

12  National Association for Stock Car Auto Racing (NASCAR),

13  Championship Auto Racing Teams (CART), and other sports car

14  racing events, team and manufacturer testing, racing schools,

15  club racing, and other automotive-related events, and the

16  annual paid attendance at the facility exceeds 70,000.

17         (e)  The application is signed by the head of the

18  governing body of the applicant and an official senior

19  executive of the facility and is notarized according to

20  Florida law providing penalties for falsification.

21         (3)  Upon determining that an applicant is or is not

22  certifiable, the office shall notify the applicant of its

23  status by means of an official letter. If certifiable, the

24  office shall also notify the executive director of the

25  Department of Revenue of such certification by means of an

26  official letter granting certification. The Department of

27  Revenue shall begin distributing funds pursuant to this

28  section on July 1 following receipt of the letter of

29  certification.

30         (4)  The amount of funds to be distributed each fiscal

31  year to the applicant pursuant to s. 212.20 shall be the

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    Florida Senate - 1999                                  SB 1852
    40-1597A-99




  1  amount of revenue generated by the taxes imposed under chapter

  2  212 for that year by the facility which is in excess of the

  3  amount of such revenue generated by the facility for the

  4  1998-1999 fiscal year.

  5         (5)  The applicant may use funds provided pursuant to

  6  s. 212.20 for the purpose of promotion of the facility and for

  7  the establishment and operation of an intercity shuttle to

  8  connect commercial and activity areas with the facility.

  9         (6)  The Department of Revenue may audit as provided in

10  s. 213.34 to verify that the amounts distributed pursuant to

11  this section have been expended as required by this section.

12         (7)  The Office of Tourism, Trade, and Economic

13  Development must recertify every year that the facility meets

14  the requirements established by this section. No distribution

15  under s. 212.20 pursuant to this section shall be made for any

16  year in which the facility is not certified as meeting these

17  requirements.

18         Section 2.  Paragraph (f) of subsection (6) of section

19  212.20, Florida Statutes, 1998 Supplement, is amended to read:

20         212.20  Funds collected, disposition; additional powers

21  of department; operational expense; refund of taxes

22  adjudicated unconstitutionally collected.--

23         (6)  Distribution of all proceeds under this chapter

24  shall be as follows:

25         (f)  The proceeds of all other taxes and fees imposed

26  pursuant to this chapter shall be distributed as follows:

27         1.  In any fiscal year, the greater of $500 million,

28  minus an amount equal to 4.6 percent of the proceeds of the

29  taxes collected pursuant to chapter 201, or 5 percent of all

30  other taxes and fees imposed pursuant to this chapter shall be

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    Florida Senate - 1999                                  SB 1852
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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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    Florida Senate - 1999                                  SB 1852
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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 July 1 following notice by the Office of

15  Tourism, Trade, and Economic Development to the Department of

16  Revenue that an applicant has been certified as the

17  motorsports complex facility pursuant to s. 288.1171, an

18  amount as specified in s. 288.1171(4) shall be distributed

19  monthly to the applicant, if the facility remains certified as

20  required by s. 288.1171(7).

21         6.  All other proceeds shall remain with the General

22  Revenue Fund.

23         Section 3.  This act shall take effect July 1, 1999.

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    Florida Senate - 1999                                  SB 1852
    40-1597A-99




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  2                       LEGISLATIVE SUMMARY

  3
      Provides that the Office of Tourism, Trade, and Economic
  4    Development shall screen applicants for certification as
      a motorsports complex facility, and certify one applicant
  5    as such a facility. Specifies requirements for the
      applicant and the facility. Provides duties of the office
  6    and the Department of Revenue. Provides that such
      facility shall be eligible for distribution of a
  7    specified portion of sales tax revenues monthly and
      provides for use of such funds. Requires annual
  8    recertification of the facility.

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