CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-38 Bill No. CS/HB 981
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Sorensen offered the following:
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13 Amendment (with title amendment)
14 On page 4, between lines 5 and 6, of the bill
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16 insert:
17 Section 2. Paragraph (f) of subsection (6) of section
18 212.20, Florida Statutes, is amended to read:
19 212.20 Funds collected, disposition; additional powers
20 of department; operational expense; refund of taxes
21 adjudicated unconstitutionally collected.--
22 (6) Distribution of all proceeds under this chapter
23 shall be as follows:
24 (f) The proceeds of all other taxes and fees imposed
25 pursuant to this chapter shall be distributed as follows:
26 1. In any fiscal year, the greater of $500 million,
27 minus an amount equal to 4.6 percent of the proceeds of the
28 taxes collected pursuant to chapter 201, or 5 percent of all
29 other taxes and fees imposed pursuant to this chapter shall be
30 deposited in monthly installments into the General Revenue
31 Fund.
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HOUSE AMENDMENT
hbd-38 Bill No. CS/HB 981
Amendment No. (for drafter's use only)
1 2. Two-tenths of one percent shall be transferred to
2 the Solid Waste Management Trust Fund.
3 3. After the distribution under subparagraphs 1. and
4 2., 9.653 percent of the amount remitted by a sales tax dealer
5 located within a participating county pursuant to s. 218.61
6 shall be transferred into the Local Government Half-cent Sales
7 Tax Clearing Trust Fund.
8 4. After the distribution under subparagraphs 1., 2.,
9 and 3., 0.054 percent shall be transferred to the Local
10 Government Half-cent Sales Tax Clearing Trust Fund and
11 distributed pursuant to s. 218.65.
12 5. Of the remaining proceeds:
13 a. Beginning July 1, 1992, $166,667 shall be
14 distributed monthly by the department to each applicant that
15 has been certified as a "facility for a new professional
16 sports franchise" or a "facility for a retained professional
17 sports franchise" pursuant to s. 288.1162 and $41,667 shall be
18 distributed monthly by the department to each applicant that
19 has been certified as a "new spring training franchise
20 facility" pursuant to s. 288.1162. Distributions shall begin
21 60 days following such certification and shall continue for 30
22 years. Nothing contained herein shall be construed to allow an
23 applicant certified pursuant to s. 288.1162 to receive more in
24 distributions than actually expended by the applicant for the
25 public purposes provided for in s. 288.1162(7). However, a
26 certified applicant shall receive distributions up to the
27 maximum amount allowable and undistributed under this section
28 for additional renovations and improvements to the facility
29 for the franchise without additional certification.
30 b. Beginning 30 days after notice by the Office of
31 Tourism, Trade, and Economic Development to the Department of
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HOUSE AMENDMENT
hbd-38 Bill No. CS/HB 981
Amendment No. (for drafter's use only)
1 Revenue that an applicant has been certified as the
2 professional golf hall of fame pursuant to s. 288.1168 and is
3 open to the public, $166,667 shall be distributed monthly, for
4 up to 300 months, to the applicant.
5 c. Beginning 30 days after notice by the Department of
6 Commerce to the Department of Revenue that the applicant has
7 been certified as the International Game Fish Association
8 World Center facility pursuant to s. 288.1169, and the
9 facility is open to the public, $83,333 shall be distributed
10 monthly, for up to 180 months, to the applicant. This
11 distribution is subject to reduction pursuant to s. 288.1169.
12 d. Beginning 30 days after notice by the Office of
13 Tourism, Trade, and Economic Development to the Department of
14 Revenue that the applicant has been certified as a motorsports
15 entertainment complex pursuant to s. 288.1170, $166,667 shall
16 be distributed monthly, for up to 360 months, to the
17 applicant. This distribution is subject to reduction pursuant
18 to s. 288.1170.
19 6. All other proceeds shall remain with the General
20 Revenue Fund.
21 Section 3. Section 288.1170, Florida Statutes, is
22 created to read:
23 288.1170 Motorsports entertainment complex;
24 definitions; certification; duties.--
25 (1) As used in this section, the following terms shall
26 have the following meanings:
27 (a) "Applicant" means the owner of a motorsports
28 entertainment complex or the owner of the land on which the
29 motorsports entertainment complex is located.
30 (b) "Motorsports entertainment complex" means a
31 closed-course racing facility, with ancillary grounds and
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HOUSE AMENDMENT
hbd-38 Bill No. CS/HB 981
Amendment No. (for drafter's use only)
1 facilities, which:
2 1. Has not less than 70,000 fixed seats for race
3 patrons.
4 2. Has not less than 7 scheduled days of motorsports
5 events each calendar year.
6 3. Has not fewer than four motorsports events each
7 calendar year.
8 4. Serves food at the facility during sanctioned
9 motorsports races.
10 5. Engages in tourism promotion.
11 6. Has on the property permanent exhibitions of
12 motorsports history, events, or vehicles.
13 (c) "Motorsports event" means a motorsports race and
14 its ancillary activities which have been sanctioned by a
15 sanctioning body.
16 (d) "Office" means the Office of Tourism, Trade, and
17 Economic Development of the Executive Office of the Governor.
18 (e) "Operator" means a person who leases the
19 motorsports entertainment complex or the land on which the
20 motorsports entertainment complex is located from the Federal
21 Government, the state, or a county, city or special district
22 and operates the motorsports entertainment complex, or a
23 person who operates and maintains the motorsports
24 entertainment complex pursuant to an operation and management
25 agreement entered into with the Federal Government, the state,
26 or a county, city or special district.
27 (f) "Owner" means a unit of local government that owns
28 the motorsports entertainment complex or owns the land on
29 which the complex is located.
30 (g) "Sanctioning body" means the American Motorcycle
31 Association (AMA), Automobile Racing Club of American (ARCA),
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HOUSE AMENDMENT
hbd-38 Bill No. CS/HB 981
Amendment No. (for drafter's use only)
1 Championship Auto Racing Teams (CART), Grand American Road
2 Racing Association (Grand Am), Indy Racing League (IRL),
3 National Association for Stock Car Auto Racing (NASCAR),
4 National Hot Rod Association (NHRA), Professional Sportscar
5 Racing (PSR), Sports Car Club of America (SCCA), United Sates
6 Auto Club (USAC), or any successor organization, or any other
7 nationally recognized governing body of motorsports which
8 establishes an annual schedule of motorsports events and
9 grants rights to conduct such events, has established and
10 administers rules and regulations governing all participants
11 involved in such events and all persons conducting such
12 events, and requires certain liability assurances, including
13 insurance.
14 (h) "Unit of local government" shall have the same
15 meaning as that term is defined in s. 218.369.
16 (2) The Office of Tourism, Trade, and Economic
17 Development shall serve as the state agency for screening
18 applicants for state funding pursuant to s. 212.20 and for
19 certifying an applicant as a motorsports entertainment
20 complex. The office shall develop and adopt rules for the
21 receipt and processing of applications for funding pursuant to
22 s. 212.20. The office shall make a determination regarding
23 any application filed by an applicant not later than 120 days
24 after the application is filed.
25 (3) Prior to certification of a motorsports
26 entertainment complex, the office must determine that:
27 (a) A unit of local government holds title to the land
28 on which the motorsports entertainment complex is located or
29 holds title to the motorsports entertainment complex.
30 (b) Four sanctioned motorsports events were held by
31 the operator under contract or an operation and management
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HOUSE AMENDMENT
hbd-38 Bill No. CS/HB 981
Amendment No. (for drafter's use only)
1 agreement with the owner at the motorsports entertainment
2 complex in the most recently completed calendar year or four
3 sanctioned motorsports events are scheduled to be held by the
4 operator under contract or an operation and management
5 agreement with the owner at the motorsports entertainment
6 complex in the calendar year which begins after the submission
7 of the application. The applicant shall submit certifications
8 from the appropriate officials of the relevant sanctioning
9 bodies that such sanctioned motorsports events were or will be
10 held at the motorsports entertainment complex.
11 (c) The applicant has an independent analysis or
12 study, verified by the office, which demonstrates that the
13 amount of the revenues generated by the taxes imposed under
14 chapter 212 with respect to the use and operation of the
15 motorsports entertainment complex will equal or exceed $2
16 million annually.
17 (d) The municipality in which the motorsports
18 entertainment complex is located, or the county if the
19 motorsports entertainment complex is located in an
20 unincorporated area, has certified by resolution after a
21 public hearing that the application serves a public purpose.
22 (e) The applicant has demonstrated that it is capable
23 of providing, or has financial or other commitments to
24 provide, more than one-half of the costs that will be incurred
25 after certification under this section for the improvement and
26 development or continued improvement and development of the
27 motorsports entertainment complex after certification under
28 this section which will enable the motorsports entertainment
29 complex to retain or add motorsports events sanctioned by a
30 sanctioning body.
31 (f) The motorsports entertainment complex is located
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HOUSE AMENDMENT
hbd-38 Bill No. CS/HB 981
Amendment No. (for drafter's use only)
1 in a county defined in s. 125.011(1).
2 (4) Upon determining that an applicant meets the
3 requirements of subsection (3), the office shall notify the
4 applicant and the Department of Revenue of such certification
5 by means of an official letter granting certification. If the
6 applicant fails to meet the certification requirements of
7 subsection (3), the office shall notify the applicant not
8 later than 10 days following such determination.
9 (5) The office must recertify each year that the
10 motorsports entertainment complex continues to generate $2
11 million of sales tax revenues annually as required pursuant to
12 paragraph (3)(d). If the motorsports entertainment complex
13 fails to generate $2 million of sales tax revenues annually as
14 required pursuant to paragraph (3)(d), the distribution of
15 revenues pursuant to s. 212.20(6)(f)5.d. shall be reduced to
16 an amount equal to $166,667 multiplied by a fraction, the
17 numerator of which is the actual revenues generated and the
18 denominator of which is $2 million. Such reduction shall be
19 recalculated annually until an annual recertification verifies
20 that the revenues generated by the motorsports entertainment
21 complex again equal or exceed $2 million annually. The office
22 shall provide written notification to the Department of
23 Revenue of the recertification of a motorsports entertainment
24 complex and the sales tax distribution amount the motorsports
25 entertainment complex is entitled to receive.
26 (6) No motorsports entertainment complex which has
27 been previously certified under this section and has received
28 funding under such certification shall be eligible for any
29 additional certification.
30 (7) An applicant certified as a motorsports
31 entertainment complex may use funds provided pursuant to s.
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HOUSE AMENDMENT
hbd-38 Bill No. CS/HB 981
Amendment No. (for drafter's use only)
1 212.20 only for the following public purposes:
2 (a) Paying for the construction, reconstruction,
3 expansion, or renovation of a motorsports entertainment
4 complex.
5 (b) Paying debt service reserve funds, arbitrage
6 rebate obligations, or other amounts payable with respect to
7 bonds issued for the construction, reconstruction, expansion,
8 or renovation of the motorsports entertainment complex or for
9 the reimbursement of such costs or the refinancing of bonds
10 issued for such purposes.
11 (c) Paying for construction, reconstruction,
12 expansion, or renovation of transportation and parking
13 necessary for and directly benefitting the motorsports
14 entertainment complex or other infrastructure improvements
15 necessary for, directly benefitting, and appurtenant to the
16 motorsports entertainment complex, including, without
17 limitation, paying debt service reserve funds, arbitrage
18 rebate obligations, or other amounts payable with respect to
19 bonds issued for the construction, reconstruction, expansion,
20 or renovation of such transportation, parking or other
21 infrastructure improvements, and for the reimbursement of such
22 costs or the refinancing of bonds issued for such purposes.
23 (8) The Department of Revenue may audit, as provided
24 in s. 213.34, to verify that the distributions pursuant to
25 this section have been expended as required in this section.
26 Such information is subject to the confidentiality
27 requirements of chapter 213. If the Department of Revenue
28 determines that the distributions pursuant to this section
29 have not been expended as required by this section, it may
30 pursue recovery of such funds pursuant to the laws and rules
31 governing the assessment of taxes.
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HOUSE AMENDMENT
hbd-38 Bill No. CS/HB 981
Amendment No. (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 7, after the semicolon,
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5 insert:
6 amending s. 212.20, F.S.; providing for
7 distribution of a portion of revenues from the
8 tax on sales, use, and other transactions to a
9 motorsports entertainment complex; creating s.
10 288.1170, F.S.; providing definitions;
11 providing for certification of such facility by
12 the Office of Tourism, Trade, and Economic
13 Development of the Executive Office of the
14 Governor; providing requirements for
15 certification; requiring specified notice;
16 providing for annual recertification; providing
17 for a reduction of funding under certain
18 circumstances; providing for use of the funds
19 distributed to a motorsports entertainment
20 complex; providing for audits by the Department
21 of Revenue;
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