Senate Bill 1294
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Florida Senate - 2000 SB 1294
By Senator Diaz-Balart
37-829-00 See HB
1 A bill to be entitled
2 An act relating to commercial development and
3 capital improvements; amending s. 212.20, F.S.;
4 providing for distribution of a portion of
5 revenues from the tax on sales, use, and other
6 transactions to a motorsports entertainment
7 complex; creating s. 288.1170, F.S.; providing
8 definitions; providing for certification of
9 such facility by the Office of Tourism, Trade,
10 and Economic Development of the Executive
11 Office of the Governor; providing requirements
12 for certification; requiring specified notice;
13 providing for annual recertification; providing
14 for a reduction of funding under certain
15 circumstances; providing for use of the funds
16 distributed to a motorsports entertainment
17 complex; providing for audits by the Department
18 of Revenue; providing an effective date.
19
20 WHEREAS, it is the finding of the Legislature that
21 Florida has long been the preeminent site in the nation for
22 motorsports racing, and
23 WHEREAS, motorsports racing has been a major tourist
24 attraction in Florida for nearly 100 years, and
25 WHEREAS, motorsports entertainment is the fastest
26 growing sports industry in the United States, and
27 WHEREAS, as a result of the increased popularity of
28 motorsports racing, many new motorsports facilities are being
29 constructed in other states, and
30 WHEREAS, to continue to attract spectators to
31 sanctioned championship motorsports events, the owner or
1
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Florida Senate - 2000 SB 1294
37-829-00 See HB
1 operator of a motorsports entertainment complex must build
2 additional spectator seating and renovate existing facilities
3 to improve the amenities available to spectators, and
4 WHEREAS, attracting, retaining, and providing favorable
5 conditions for conducting sanctioned championship motorsports
6 events and the continued development of the motorsports
7 entertainment industry in Florida provides skilled-employment
8 opportunities for citizens of this state, and
9 WHEREAS, continued development and improvement of
10 Florida's motorsports entertainment industry is vital to
11 Florida's tourism industry and to state revenues, and
12 WHEREAS, the motorsports entertainment industry is a
13 major contributor to Florida's economic development because of
14 the technology and service businesses that provide goods and
15 services to the industry, and
16 WHEREAS, the provisions of this act are necessary to
17 protect and strengthen Florida's motorsports entertainment
18 industry, and the purposes to be achieved by this act are
19 predominately public purposes vital to the protection and
20 improvement of Florida's economy, NOW, THEREFORE,
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Paragraph (f) of subsection (6) of section
25 212.20, Florida Statutes, is amended to read:
26 212.20 Funds collected, disposition; additional powers
27 of department; operational expense; refund of taxes
28 adjudicated unconstitutionally collected.--
29 (6) Distribution of all proceeds under this chapter
30 shall be as follows:
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2
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Florida Senate - 2000 SB 1294
37-829-00 See HB
1 (f) The proceeds of all other taxes and fees imposed
2 pursuant to this chapter shall be distributed as follows:
3 1. In any fiscal year, the greater of $500 million,
4 minus an amount equal to 4.6 percent of the proceeds of the
5 taxes collected pursuant to chapter 201, or 5 percent of all
6 other taxes and fees imposed pursuant to this chapter shall be
7 deposited in monthly installments into the General Revenue
8 Fund.
9 2. Two-tenths of one percent shall be transferred to
10 the Solid Waste Management Trust Fund.
11 3. After the distribution under subparagraphs 1. and
12 2., 9.653 percent of the amount remitted by a sales tax dealer
13 located within a participating county pursuant to s. 218.61
14 shall be transferred into the Local Government Half-cent Sales
15 Tax Clearing Trust Fund.
16 4. After the distribution under subparagraphs 1., 2.,
17 and 3., 0.054 percent shall be transferred to the Local
18 Government Half-cent Sales Tax Clearing Trust Fund and
19 distributed pursuant to s. 218.65.
20 5. Of the remaining proceeds:
21 a. Beginning July 1, 1992, $166,667 shall be
22 distributed monthly by the department to each applicant that
23 has been certified as a "facility for a new professional
24 sports franchise" or a "facility for a retained professional
25 sports franchise" pursuant to s. 288.1162 and $41,667 shall be
26 distributed monthly by the department to each applicant that
27 has been certified as a "new spring training franchise
28 facility" pursuant to s. 288.1162. Distributions shall begin
29 60 days following such certification and shall continue for 30
30 years. Nothing contained herein shall be construed to allow an
31 applicant certified pursuant to s. 288.1162 to receive more in
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Florida Senate - 2000 SB 1294
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1 distributions than actually expended by the applicant for the
2 public purposes provided for in s. 288.1162(7). However, a
3 certified applicant shall receive distributions up to the
4 maximum amount allowable and undistributed under this section
5 for additional renovations and improvements to the facility
6 for the franchise without additional certification.
7 b. Beginning 30 days after notice by the Office of
8 Tourism, Trade, and Economic Development to the Department of
9 Revenue that an applicant has been certified as the
10 professional golf hall of fame pursuant to s. 288.1168 and is
11 open to the public, $166,667 shall be distributed monthly, for
12 up to 300 months, to the applicant.
13 c. Beginning 30 days after notice by the Department of
14 Commerce to the Department of Revenue that the applicant has
15 been certified as the International Game Fish Association
16 World Center facility pursuant to s. 288.1169, and the
17 facility is open to the public, $83,333 shall be distributed
18 monthly, for up to 180 months, to the applicant. This
19 distribution is subject to reduction pursuant to s. 288.1169.
20 d. Beginning 30 days after notice by the Office of
21 Tourism, Trade, and Economic Development to the Department of
22 Revenue that the applicant has been certified as a motorsports
23 entertainment complex pursuant to s. 288.1170, $166,667 shall
24 be distributed monthly, for up to 360 months, to the
25 applicant.
26 6. All other proceeds shall remain with the General
27 Revenue Fund.
28 Section 2. Section 288.1170, Florida Statutes, is
29 created to read:
30 288.1170 Motorsports entertainment complex;
31 definitions; certification; duties.--
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Florida Senate - 2000 SB 1294
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1 (1) As used in this section, the following terms shall
2 have the following meanings:
3 (a) "Applicant" means the owner of a motorsports
4 entertainment complex.
5 (b) "Motorsports entertainment complex" means a
6 closed-course racing facility, with ancillary grounds and
7 facilities, which:
8 1. Has not fewer than 70,000 permanent seats for race
9 patrons.
10 2. Has not fewer than 7 scheduled days of motorsports
11 events each calendar year.
12 3. Has not fewer than four motorsports events each
13 calendar year.
14 4. Has paid admissions of more than 200,000 annually.
15 5. Serves food at the facility during sanctioned
16 motorsports races.
17 6. Engages in tourism promotion.
18 7. Has on the property permanent exhibitions of
19 motorsports history, events, or vehicles.
20 (c) "Motorsports event" means a motorsports race and
21 its ancillary activities, which have been sanctioned by a
22 sanctioning body.
23 (d) "Office" means the Office of Tourism, Trade, and
24 Economic Development of the Executive Office of the Governor.
25 (e) "Owner" means a person who owns or operates a
26 motorsports entertainment complex, or a person who leases a
27 motorsports entertainment complex or the land on which a
28 motorsports entertainment complex is located from the Federal
29 Government, the state, or a county, municipality, or special
30 district, and operates the motorsports entertainment complex.
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Florida Senate - 2000 SB 1294
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1 (f) "Sanctioning body" means the American Motorcycle
2 Association (AMA), Championship Auto Racing Teams (CART),
3 Grand American Road Racing Association (Grand Am), Indy Racing
4 League (IRL), National Association for Stock Car Auto Racing
5 (NASCAR), National Hot Rod Association (NHRA), Professional
6 Sportscar Racing (PSR), Sports Car Club of America (SCCA),
7 United States Auto Club (USAC), or any successor organization,
8 or any other nationally recognized governing body of
9 motorsports which establishes an annual schedule of
10 motorsports events and grants rights to conduct such events,
11 has established and administers rules and regulations
12 governing all participants involved in such events and all
13 persons conducting such events, and requires certain liability
14 assurances, including insurance.
15 (g) "Unit of local government" has the meaning
16 ascribed in s. 218.369.
17 (3) The Office of Tourism, Trade, and Economic
18 Development shall serve as the state agency for screening
19 applicants for state funding pursuant to s. 212.20 and for
20 certifying an applicant as a motorsports entertainment
21 complex. The office shall develop and adopt rules for the
22 receipt and processing of applications for funding pursuant to
23 s. 212.20. The office shall make a determination regarding
24 any application filed by an applicant not later than 120 days
25 after the application is filed.
26 (4) Prior to certifying an applicant as a motorsports
27 entertainment complex, the office must determine that:
28 (a) A unit of local government holds title to the land
29 on which the motorsports entertainment complex is located,
30 holds title to the motorsports entertainment complex, or is
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Florida Senate - 2000 SB 1294
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1 responsible for the construction, management, and operation of
2 the motorsports entertainment complex.
3 (b) Four sanctioned motorsports events were held at
4 the motorsports entertainment complex in the most recently
5 completed calendar year or four sanctioned motorsports events
6 are scheduled to be held at the motorsports entertainment
7 complex in the calendar year that begins after the submission
8 of the application. The applicant must submit certifications
9 from the appropriate officials of the relevant sanctioning
10 bodies that such sanctioned motorsports events were or will be
11 held at the motorsports entertainment complex.
12 (c) The applicant has an independent analysis or
13 study, verified by the office, which demonstrates that the
14 motorsports entertainment complex will attract, or in the most
15 recently completed calendar year has attracted, paid
16 attendance of more than 200,000 annually.
17 (d) The applicant has an independent analysis or
18 study, verified by the office, which demonstrates that the
19 amount of the revenues generated by the taxes imposed under
20 chapter 212 with respect to the use and operation of the
21 motorsports entertainment complex will equal or exceed $2
22 million annually.
23 (e) The municipality in which the motorsports
24 entertainment complex is located, or the county if the
25 motorsports entertainment complex is located in an
26 unincorporated area, has certified by resolution after a
27 public hearing that the application serves a public purpose.
28 (f) The applicant has demonstrated that it is capable
29 of providing, or has financial or other commitments to
30 provide, more than one-half of the costs that will be incurred
31 after certification under this section for the improvement and
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Florida Senate - 2000 SB 1294
37-829-00 See HB
1 development or continued improvement and development of the
2 motorsports entertainment complex which will enable the
3 motorsports entertainment complex to retain or add motorsports
4 events sanctioned by a sanctioning body.
5 (5) Upon determining that an applicant meets the
6 requirements of subsection (4), the office shall notify the
7 applicant and the executive director of the Department of
8 Revenue of such certification by means of an official letter
9 granting certification. If the applicant fails to meet the
10 certification requirements of subsection (4), the office shall
11 notify the applicant not later than 10 days following such
12 determination.
13 (6) The office must recertify each year that the
14 motorsports entertainment complex continues to generate $2
15 million of sales tax revenues annually as required pursuant to
16 paragraph (4)(d). If the motorsports entertainment complex
17 fails to generate $2 million of sales tax revenues annually as
18 required pursuant to paragraph (4)(d), the distribution of
19 revenues pursuant to s. 212.20(6)(f)5.d. shall be reduced to
20 an amount equal to $166,667 multiplied by a fraction, the
21 numerator of which is the actual revenues generated and the
22 denominator of which is $2 million. Such reduction shall
23 remain in effect until revenues generated by the motorsports
24 entertainment complex in a consecutive 12-month period equal
25 or exceed $2 million.
26 (7) No motorsports entertainment complex that has been
27 previously certified under this section and has received
28 funding under such certification shall be eligible for any
29 additional certification.
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Florida Senate - 2000 SB 1294
37-829-00 See HB
1 (8) An applicant certified as a motorsports
2 entertainment complex may use funds provided pursuant to s.
3 212.20 only for the following public purposes:
4 (a) Paying for the construction, reconstruction,
5 expansion, or renovation of a motorsports entertainment
6 complex.
7 (b) Paying debt service reserve funds, arbitrage
8 rebate obligations, or other amounts payable with respect to
9 bonds issued for the construction, reconstruction, expansion,
10 or renovation of the motorsports entertainment complex or for
11 the reimbursement of such costs or the refinancing of bonds
12 issued for such purposes.
13 (c) Paying for construction, reconstruction,
14 expansion, or renovation of transportation or other
15 infrastructure improvements related to, necessary for, or
16 appurtenant to the motorsports entertainment complex,
17 including, without limitation, paying debt service reserve
18 funds, arbitrage rebate obligations, or other amounts payable
19 with respect to bonds issued for the construction,
20 reconstruction, expansion, or renovation of such
21 transportation or other infrastructure improvements, and for
22 the reimbursement of such costs or the refinancing of bonds
23 issued for such purposes.
24 (d) Paying for programs of advertising and promotion
25 of or programs related to the motorsports entertainment
26 complex or the municipality in which the motorsports
27 entertainment complex is located, or the county if the
28 motorsports entertainment complex is located in an
29 unincorporated area, provided such programs of advertising and
30 promotion are designed to increase paid attendance at the
31 motorsports entertainment complex or increase tourism in or
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Florida Senate - 2000 SB 1294
37-829-00 See HB
1 promote the economic development of the community in which the
2 motorsports entertainment complex is located.
3 (9) The Department of Revenue may audit, as provided
4 in s. 213.34, to verify that the distributions pursuant to
5 this section have been expended as required in this section.
6 Such information is subject to the confidentiality
7 requirements of chapter 213. If the Department of Revenue
8 determines that the distributions pursuant to this section
9 have not been expended as required by this section, it may
10 pursue recovery of such funds pursuant to the laws and rules
11 governing the assessment of taxes.
12 Section 3. This act shall take effect July 1, 2000.
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15 LEGISLATIVE SUMMARY
16
Provides for distribution of a portion of revenues from
17 the tax on sales, use, and other transactions to finance
motorsports entertainment complexes. Defines "motorsports
18 entertainment complex" and other terms for purposes of
the act. Provides for certification of a motorsports
19 entertainment complex by the Office of Tourism, Trade,
and Economic Development of the Executive Office of the
20 Governor. Provides requirements for certification.
Requires specified notice. Provides for the use of funds
21 distributed to a motorsports entertainment complex.
Provides for annual recertification. Provides for a
22 reduction of funding under certain circumstances.
Provides for audits by the Department of Revenue.
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