CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 823
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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11 The Committee on Tourism offered the following:
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13 Amendment
14 On page 4, line 25 through page 10, line 12
15 remove from the bill: all of said lines
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17 and insert in lieu thereof:
18 applicant. This distribution is subject to reduction
19 pursuant to s. 288.1170.
20 6. All other proceeds shall remain with the General
21 Revenue Fund.
22 Section 2. Section 288.1170, Florida Statutes, is
23 created to read:
24 288.1170 Motorsports entertainment complex;
25 definitions; certification; duties.--
26 (1) As used in this section, the following terms shall
27 have the following meanings:
28 (a) "Applicant" means the owner of a motorsports
29 entertainment complex or the owner of the land on which the
30 motorsports entertainment complex is located.
31 (b) "Motorsports entertainment complex" means a
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HOUSE AMENDMENT
Bill No. HB 823
Amendment No. 1 (for drafter's use only)
1 closed-course racing facility, with ancillary grounds and
2 facilities, which:
3 1. Has not less than 70,000 fixed seats for race
4 patrons.
5 2. Has not less than 7 scheduled days of motorsports
6 events each calendar year.
7 3. Has not fewer than four motorsports events each
8 calendar year.
9 4. Serves food at the facility during sanctioned
10 motorsports races.
11 5. Engages in tourism promotion.
12 6. Has on the property permanent exhibitions of
13 motorsports history, events, or vehicles.
14 (c) "Motorsports event" means a motorsports race and
15 its ancillary activities which have been sanctioned by a
16 sanctioning body.
17 (d) "Office" means the Office of Tourism, Trade, and
18 Economic Development of the Executive Office of the Governor.
19 (e) "Operator" means a person who leases the
20 motorsports entertainment complex or the land on which the
21 motorsports entertainment complex is located from the Federal
22 Government, the state, or a county, city or special district
23 and operates the motorsports entertainment complex, or a
24 person who operates and maintains the motorsports
25 entertainment complex pursuant to an operation and management
26 agreement entered into with the Federal Government, the state,
27 or a county, city or special district.
28 (f) "Owner" means a unit of local government that owns
29 the motorsports entertainment complex or owns the land on
30 which the complex is located.
31 (g) "Sanctioning body" means the American Motorcycle
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HOUSE AMENDMENT
Bill No. HB 823
Amendment No. 1 (for drafter's use only)
1 Association (AMA), Automobile Racing Club of American (ARCA),
2 Championship Auto Racing Teams (CART), Grand American Road
3 Racing Association (Grand Am), Indy Racing League (IRL),
4 National Association for Stock Car Auto Racing (NASCAR),
5 National Hot Rod Association (NHRA), Professional Sportscar
6 Racing (PSR), Sports Car Club of America (SCCA), United Sates
7 Auto Club (USAC), or any successor organization, or any other
8 nationally recognized governing body of motorsports which
9 establishes an annual schedule of motorsports events and
10 grants rights to conduct such events, has established and
11 administers rules and regulations governing all participants
12 involved in such events and all persons conducting such
13 events, and requires certain liability assurances, including
14 insurance.
15 (h) "Unit of local government" shall have the same
16 meaning as that term is defined in s. 218.369.
17 (2) 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 (3) Prior to certification of 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 or
30 holds title to the motorsports entertainment complex.
31 (b) Four sanctioned motorsports events were held by
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HOUSE AMENDMENT
Bill No. HB 823
Amendment No. 1 (for drafter's use only)
1 the operator under contract or an operation and management
2 agreement with the owner at the motorsports entertainment
3 complex in the most recently completed calendar year or four
4 sanctioned motorsports events are scheduled to be held by the
5 operator under contract or an operation and management
6 agreement with the owner at the motorsports entertainment
7 complex in the calendar year which begins after the submission
8 of the application. The applicant shall 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 amount of the revenues generated by the taxes imposed under
15 chapter 212 with respect to the use and operation of the
16 motorsports entertainment complex will equal or exceed $2
17 million annually.
18 (d) The municipality in which the motorsports
19 entertainment complex is located, or the county if the
20 motorsports entertainment complex is located in an
21 unincorporated area, has certified by resolution after a
22 public hearing that the application serves a public purpose.
23 (e) The applicant has demonstrated that it is capable
24 of providing, or has financial or other commitments to
25 provide, more than one-half of the costs that will be incurred
26 after certification under this section for the improvement and
27 development or continued improvement and development of the
28 motorsports entertainment complex after certification under
29 this section which will enable the motorsports entertainment
30 complex to retain or add motorsports events sanctioned by a
31 sanctioning body.
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HOUSE AMENDMENT
Bill No. HB 823
Amendment No. 1 (for drafter's use only)
1 (f) The motorsports entertainment complex is located
2 in a county defined in s. 125.011(1).
3 (4) Upon determining that an applicant meets the
4 requirements of subsection (3), the office shall notify the
5 applicant and the Department of Revenue of such certification
6 by means of an official letter granting certification. If the
7 applicant fails to meet the certification requirements of
8 subsection (3), the office shall notify the applicant not
9 later than 10 days following such determination.
10 (5) The office must recertify each year that the
11 motorsports entertainment complex continues to generate $2
12 million of sales tax revenues annually as required pursuant to
13 paragraph (3)(d). If the motorsports entertainment complex
14 fails to generate $2 million of sales tax revenues annually as
15 required pursuant to paragraph (3)(d), the distribution of
16 revenues pursuant to s. 212.20(6)(f)5.d. shall be reduced to
17 an amount equal to $166,667 multiplied by a fraction, the
18 numerator of which is the actual revenues generated and the
19 denominator of which is $2 million. Such reduction shall be
20 recalculated annually until an annual recertification verifies
21 that the revenues generated by the motorsports entertainment
22 complex again equal or exceed $2 million annually. The office
23 shall provide written notification to the Department of
24 Revenue of the recertification of a motorsports entertainment
25 complex and the sales tax distribution amount the motorsports
26 entertainment complex is entitled to receive.
27 (6) No motorsports entertainment complex which has
28 been previously certified under this section and has received
29 funding under such certification shall be eligible for any
30 additional certification.
31 (7) An applicant certified as a motorsports
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HOUSE AMENDMENT
Bill No. HB 823
Amendment No. 1 (for drafter's use only)
1 entertainment complex may use funds provided pursuant to s.
2 212.20 only for the following public purposes:
3 (a) Paying for the construction, reconstruction,
4 expansion, or renovation of a motorsports entertainment
5 complex.
6 (b) Paying debt service reserve funds, arbitrage
7 rebate obligations, or other amounts payable with respect to
8 bonds issued for the construction, reconstruction, expansion,
9 or renovation of the motorsports entertainment complex or for
10 the reimbursement of such costs or the refinancing of bonds
11 issued for such purposes.
12 (c) Paying for construction, reconstruction,
13 expansion, or renovation of transportation and parking
14 necessary for and directly benefitting the motorsports
15 entertainment complex or other infrastructure improvements
16 necessary for, directly benefitting, and appurtenant to the
17 motorsports entertainment complex, including, without
18 limitation, paying debt service reserve funds, arbitrage
19 rebate obligations, or other amounts payable with respect to
20 bonds issued for the construction, reconstruction, expansion,
21 or renovation of such transportation, parking or other
22 infrastructure improvements, and for the reimbursement of such
23 costs or the refinancing of bonds issued for such purposes.
24 (8) The Department of Revenue may audit, as provided
25 in s. 213.34, to verify that the distributions pursuant to
26 this section have been expended as required in this section.
27 Such information is subject to the confidentiality
28 requirements of chapter 213. If the Department of Revenue
29 determines that the distributions pursuant to this section
30 have not been expended as required by this section, it may
31 pursue recovery of such funds pursuant to the laws and rules
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HOUSE AMENDMENT
Bill No. HB 823
Amendment No. 1 (for drafter's use only)
1 governing the assessment of taxes.
2 Section 3. This act shall take effect October 1, 2000.
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