HOUSE AMENDMENT
    717-126AX-05                         Bill No. HB 163, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
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11  Representative(s) Johnson offered the following:
12  
13         Amendment (with title amendment) 
14         On page 9, between lines 28 & 29,
15  
16  insert:  
17         Section 4.  Effective July 1, 2001, paragraph (e) of
18  subsection (6) of section 212.20, Florida Statutes, is amended
19  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         (e)  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
31  deposited in monthly installments into the General Revenue
                                  1
    File original & 9 copies    04/30/01                          
    hbd0016                     03:28 pm         00163-0041-581809

HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Fund. 2 2. Two-tenths of one percent shall be transferred to 3 the Solid Waste Management Trust Fund. 4 3. After the distribution under subparagraphs 1. and 5 2., 9.653 percent of the amount remitted by a sales tax dealer 6 located within a participating county pursuant to s. 218.61 7 shall be transferred into the Local Government Half-cent Sales 8 Tax Clearing Trust Fund. 9 4. After the distribution under subparagraphs 1., 2., 10 and 3., 0.065 percent shall be transferred to the Local 11 Government Half-cent Sales Tax Clearing Trust Fund and 12 distributed pursuant to s. 218.65. 13 5. For proceeds received after July 1, 2000, and after 14 the distributions under subparagraphs 1., 2., 3., and 4., 2.25 15 percent of the available proceeds pursuant to this paragraph 16 shall be transferred monthly to the Revenue Sharing Trust Fund 17 for Counties pursuant to s. 218.215. 18 6. For proceeds received after July 1, 2000, and after 19 the distributions under subparagraphs 1., 2., 3., and 4., 20 1.0715 percent of the available proceeds pursuant to this 21 paragraph shall be transferred monthly to the Revenue Sharing 22 Trust Fund for Municipalities pursuant to s. 218.215. If the 23 total revenue to be distributed pursuant to this subparagraph 24 is at least as great as the amount due from the Revenue 25 Sharing Trust Fund for Municipalities and the Municipal 26 Financial Assistance Trust Fund in state fiscal year 27 1999-2000, no municipality shall receive less than the amount 28 due from the Revenue Sharing Trust Fund for Municipalities and 29 the Municipal Financial Assistance Trust Fund in state fiscal 30 year 1999-2000. If the total proceeds to be distributed are 31 less than the amount received in combination from the Revenue 2 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Sharing Trust Fund for Municipalities and the Municipal 2 Financial Assistance Trust Fund in state fiscal year 3 1999-2000, each municipality shall receive an amount 4 proportionate to the amount it was due in state fiscal year 5 1999-2000. 6 7. Of the remaining proceeds: 7 a. Beginning July 1, 2000, and in each fiscal year 8 thereafter, the sum of $29,915,500 shall be divided into as 9 many equal parts as there are counties in the state, and one 10 part shall be distributed to each county. The distribution 11 among the several counties shall begin each fiscal year on or 12 before January 5th and shall continue monthly for a total of 4 13 months. If a local or special law required that any moneys 14 accruing to a county in fiscal year 1999-2000 under the 15 then-existing provisions of s. 550.135 be paid directly to the 16 district school board, special district, or a municipal 17 government, such payment shall continue until such time that 18 the local or special law is amended or repealed. The state 19 covenants with holders of bonds or other instruments of 20 indebtedness issued by local governments, special districts, 21 or district school boards prior to July 1, 2000, that it is 22 not the intent of this subparagraph to adversely affect the 23 rights of those holders or relieve local governments, special 24 districts, or district school boards of the duty to meet their 25 obligations as a result of previous pledges or assignments or 26 trusts entered into which obligated funds received from the 27 distribution to county governments under then-existing s. 28 550.135. This distribution specifically is in lieu of funds 29 distributed under s. 550.135 prior to July 1, 2000. 30 b. The department shall distribute $166,667 monthly 31 pursuant to s. 288.1162 to each applicant that has been 3 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 certified as a "facility for a new professional sports 2 franchise" or a "facility for a retained professional sports 3 franchise" pursuant to s. 288.1162. Up to $41,667 shall be 4 distributed monthly by the department to each applicant that 5 has been certified as a "facility for a retained spring 6 training franchise" pursuant to s. 288.1162; however, not more 7 than $208,335 may be distributed monthly in the aggregate to 8 all certified facilities for a retained spring training 9 franchise. Distributions shall begin 60 days following such 10 certification and shall continue for not more than 30 years. 11 Nothing contained in this paragraph shall be construed to 12 allow an applicant certified pursuant to s. 288.1162 to 13 receive more in distributions than actually expended by the 14 applicant for the public purposes provided for in s. 15 288.1162(6). However, a certified applicant is entitled to 16 receive distributions up to the maximum amount allowable and 17 undistributed under this section for additional renovations 18 and improvements to the facility for the franchise without 19 additional certification. 20 c. Beginning 30 days after notice by the Office of 21 Tourism, Trade, and Economic Development to the Department of 22 Revenue that an applicant has been certified as the 23 professional golf hall of fame pursuant to s. 288.1168 and is 24 open to the public, $166,667 shall be distributed monthly, for 25 up to 300 months, to the applicant. 26 d. Beginning 30 days after notice by the Office of 27 Tourism, Trade, and Economic Development to the Department of 28 Revenue that the applicant has been certified as the 29 International Game Fish Association World Center facility 30 pursuant to s. 288.1169, and the facility is open to the 31 public, $83,333 shall be distributed monthly, for up to 168 4 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 months, to the applicant. This distribution is subject to 2 reduction pursuant to s. 288.1169. A lump sum payment of 3 $999,996 shall be made, after certification and before July 1, 4 2000. 5 e. Beginning 30 days after notice by the Office of 6 Tourism, Trade, and Economic Development to the Department of 7 Revenue that an applicant has been certified as a certified 8 sports industry economic development project pursuant to s. 9 288.113, and has generated new sales tax revenues that have 10 been remitted to the state during the prior twelve months, a 11 monthly sales tax reimbursement payment in the amount set 12 forth in the notice by the Office of Tourism, Trade and 13 Economic Development, based on actual sales tax generated over 14 a 12-month period, shall be distributed to the applicant until 15 the certification expires or notice is received by the 16 department from the Office of Tourism, Trade, and Economic 17 Development of a change in the applicant's certification 18 status or in the certified monthly payment amount. The amount 19 of the monthly sales tax reimbursement distribution shall be 20 adjusted beginning 30 days after notice by the Office of 21 Tourism, Trade, and Economic Development that the applicant is 22 to receive a reduced or increased sales tax reimbursement 23 payment. 24 8. All other proceeds shall remain with the General 25 Revenue Fund. 26 Section 5. If section 35 of chapter 2000-260, Laws of 27 Florida, is not repealed by section 58 of said chapter, 28 effective October 1, 2001, paragraph (e) of subsection (6) of 29 section 212.20, Florida Statutes, is amended to read: 30 212.20 Funds collected, disposition; additional powers 31 of department; operational expense; refund of taxes 5 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 adjudicated unconstitutionally collected.-- 2 (6) Distribution of all proceeds under this chapter 3 and s. 202.18(1)(b) and (2)(b) shall be as follows: 4 (e) The proceeds of all other taxes and fees imposed 5 pursuant to this chapter or remitted pursuant to s. 6 202.18(1)(b) and (2)(b) shall be distributed as follows: 7 1. In any fiscal year, the greater of $500 million, 8 minus an amount equal to 4.6 percent of the proceeds of the 9 taxes collected pursuant to chapter 201, or 5 percent of all 10 other taxes and fees imposed pursuant to this chapter or 11 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be 12 deposited in monthly installments into the General Revenue 13 Fund. 14 2. Two-tenths of one percent shall be transferred to 15 the Solid Waste Management Trust Fund. 16 3. After the distribution under subparagraphs 1. and 17 2., 9.653 percent of the amount remitted by a sales tax dealer 18 located within a participating county pursuant to s. 218.61 19 shall be transferred into the Local Government Half-cent Sales 20 Tax Clearing Trust Fund. 21 4. After the distribution under subparagraphs 1., 2., 22 and 3., 0.065 percent shall be transferred to the Local 23 Government Half-cent Sales Tax Clearing Trust Fund and 24 distributed pursuant to s. 218.65. 25 5. For proceeds received after July 1, 2000, and after 26 the distributions under subparagraphs 1., 2., 3., and 4., 2.25 27 percent of the available proceeds pursuant to this paragraph 28 shall be transferred monthly to the Revenue Sharing Trust Fund 29 for Counties pursuant to s. 218.215. 30 6. For proceeds received after July 1, 2000, and after 31 the distributions under subparagraphs 1., 2., 3., and 4., 6 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 1.0715 percent of the available proceeds pursuant to this 2 paragraph shall be transferred monthly to the Revenue Sharing 3 Trust Fund for Municipalities pursuant to s. 218.215. If the 4 total revenue to be distributed pursuant to this subparagraph 5 is at least as great as the amount due from the Revenue 6 Sharing Trust Fund for Municipalities and the Municipal 7 Financial Assistance Trust Fund in state fiscal year 8 1999-2000, no municipality shall receive less than the amount 9 due from the Revenue Sharing Trust Fund for Municipalities and 10 the Municipal Financial Assistance Trust Fund in state fiscal 11 year 1999-2000. If the total proceeds to be distributed are 12 less than the amount received in combination from the Revenue 13 Sharing Trust Fund for Municipalities and the Municipal 14 Financial Assistance Trust Fund in state fiscal year 15 1999-2000, each municipality shall receive an amount 16 proportionate to the amount it was due in state fiscal year 17 1999-2000. 18 7. Of the remaining proceeds: 19 a. Beginning July 1, 2000, and in each fiscal year 20 thereafter, the sum of $29,915,500 shall be divided into as 21 many equal parts as there are counties in the state, and one 22 part shall be distributed to each county. The distribution 23 among the several counties shall begin each fiscal year on or 24 before January 5th and shall continue monthly for a total of 4 25 months. If a local or special law required that any moneys 26 accruing to a county in fiscal year 1999-2000 under the 27 then-existing provisions of s. 550.135 be paid directly to the 28 district school board, special district, or a municipal 29 government, such payment shall continue until such time that 30 the local or special law is amended or repealed. The state 31 covenants with holders of bonds or other instruments of 7 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 indebtedness issued by local governments, special districts, 2 or district school boards prior to July 1, 2000, that it is 3 not the intent of this subparagraph to adversely affect the 4 rights of those holders or relieve local governments, special 5 districts, or district school boards of the duty to meet their 6 obligations as a result of previous pledges or assignments or 7 trusts entered into which obligated funds received from the 8 distribution to county governments under then-existing s. 9 550.135. This distribution specifically is in lieu of funds 10 distributed under s. 550.135 prior to July 1, 2000. 11 b. The department shall distribute $166,667 monthly 12 pursuant to s. 288.1162 to each applicant that has been 13 certified as a "facility for a new professional sports 14 franchise" or a "facility for a retained professional sports 15 franchise" pursuant to s. 288.1162. Up to $41,667 shall be 16 distributed monthly by the department to each applicant that 17 has been certified as a "facility for a retained spring 18 training franchise" pursuant to s. 288.1162; however, not more 19 than $208,335 may be distributed monthly in the aggregate to 20 all certified facilities for a retained spring training 21 franchise. Distributions shall begin 60 days following such 22 certification and shall continue for not more than 30 years. 23 Nothing contained in this paragraph shall be construed to 24 allow an applicant certified pursuant to s. 288.1162 to 25 receive more in distributions than actually expended by the 26 applicant for the public purposes provided for in s. 27 288.1162(6). However, a certified applicant is entitled to 28 receive distributions up to the maximum amount allowable and 29 undistributed under this section for additional renovations 30 and improvements to the facility for the franchise without 31 additional certification. 8 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 c. 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 d. Beginning 30 days after notice by the Office of 8 Tourism, Trade, and Economic Development to the Department of 9 Revenue that the applicant has been certified as the 10 International Game Fish Association World Center facility 11 pursuant to s. 288.1169, and the facility is open to the 12 public, $83,333 shall be distributed monthly, for up to 168 13 months, to the applicant. This distribution is subject to 14 reduction pursuant to s. 288.1169. A lump sum payment of 15 $999,996 shall be made, after certification and before July 1, 16 2000. 17 e. Beginning 30 days after notice by the Office of 18 Tourism, Trade, and Economic Development to the Department of 19 Revenue that an applicant has been certified as a certified 20 sports industry economic development project pursuant to s. 21 288.113, and has generated new sales tax revenues that have 22 been remitted to the state during the prior twelve months, a 23 monthly sales tax reimbursement payment in the amount set 24 forth in the notice by the Office of Tourism, Trade and 25 Economic Development, based on actual sales tax generated over 26 a 12-month period, shall be distributed to the applicant until 27 the certification expires or notice is received by the 28 department from the Office of Tourism, Trade, and Economic 29 Development of a change in the applicant's certification 30 status or in the certified monthly payment amount. The amount 31 of the monthly sales tax reimbursement distribution shall be 9 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 adjusted beginning 30 days after notice by the Office of 2 Tourism, Trade, and Economic Development that the applicant is 3 to receive a reduced or increased sales tax reimbursement 4 payment. 5 8. All other proceeds shall remain with the General 6 Revenue Fund. 7 Section 6. Effective July 1, 2001, paragraph (k) of 8 subsection (7) of section 213.053, Florida Statutes, is 9 amended to read: 10 213.053 Confidentiality and information sharing.-- 11 (7) Notwithstanding any other provision of this 12 section, the department may provide: 13 (k) Payment information relative to chapters 199, 201, 14 212, 220, and 221 to the Office of Tourism, Trade, and 15 Economic Development in its administration of the tax refund 16 program for qualified defense contractors authorized by s. 17 288.1045, and the tax refund program for qualified target 18 industry businesses authorized by s. 288.106, and the sales 19 tax reimbursement program for certified sports industry 20 economic development projects authorized by s. 288.113. 21 Section 7. Effective July 1, 2001, section 288.113, 22 Florida Statutes, is created to read: 23 288.113 Tax reimbursement program for certified sports 24 industry economic development projects.-- 25 (1) LEGISLATIVE FINDINGS AND DECLARATIONS.--The 26 Legislature finds that attracting, retaining, and providing 27 favorable conditions for the growth of certified sports 28 industry economic development projects provides high-quality 29 employment opportunities for residents of the state, increases 30 tourism, and enhances the economic foundations of the state. 31 It is the policy of the state to encourage the growth of 10 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 high-value-added employment to the economic base by providing 2 a sales tax reimbursement to certified sports industry 3 economic development projects that create new employment 4 opportunities and generate new sales tax dollars by expanding 5 businesses within the state or by bringing new businesses to 6 the state. 7 (2) DEFINITIONS.--As used in this section: 8 (a) "Certified sports industry economic development 9 project" or "project" means any amateur sports business that 10 develops, operates, attracts, and retains multiyear amateur 11 sporting events that generate new sales taxes for the state, 12 has submitted a properly completed application to the Office 13 of Tourism, Trade, and Economic Development, and has 14 subsequently been certified by that office as a certified 15 sports industry economic development project. 16 (b) "Sales tax reimbursement" means the monthly amount 17 to be distributed through a reimbursement to a certified 18 sports industry economic development project pursuant to s. 19 212.20. Such amount shall be determined by the Office of 20 Tourism, Trade, and Economic Development as provided in this 21 section. 22 (3) AMATEUR SPORTS BUSINESS ELIGIBLE TO APPLY.-- 23 (a) Any amateur sports business that develops, 24 operates, attracts, and retains multiyear amateur sporting 25 events that generate new sales taxes for the state may submit 26 to the Office of Tourism, Trade, and Economic Development an 27 application for approval as a certified sports industry 28 economic development project for the purpose of receiving a 29 sales tax reimbursement on new sales taxes generated by 30 increased new business and tourism activity directly 31 attributable to the proposed amateur sports industry economic 11 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 development project. 2 (b) The number of certified sports industry economic 3 development projects shall not exceed three until June 30, 4 2006, and thereafter only one new certified sports industry 5 economic development project may be certified by the Office of 6 Tourism, Trade, and Economic Development each year. 7 (4) SALES TAX REIMBURSEMENT AND AUTHORIZED 8 AMOUNT.--Pursuant to s. 212.20, each certified sports industry 9 economic development project shall be eligible for a monthly 10 distribution of its sales tax reimbursement in the amount 11 determined by its sales tax reimbursement agreement with the 12 Office of Tourism, Trade, and Economic Development. The 13 amount shall be based on new sales tax revenues generated 14 under chapter 212 by increased new business and tourism 15 activity directly attributable to the project as determined 16 using the sports economic impact model and, subject to other 17 restrictions, returns 50 percent of that amount to the 18 project. The total amount of sales tax reimbursement for all 19 fiscal years estimated for each project shall not exceed 50 20 percent of the cost of the project as determined by the Office 21 of Tourism, Trade, and Economic Development in the 22 certification process set forth in subsection (6). The 23 annualized amount of the monthly distribution shall be 24 calculated by the Office of Tourism, Trade, and Economic 25 Development and specified in the applicant's sales tax 26 reimbursement agreement. Annual payment amounts shall be no 27 less than $500,000 and no more than $2 million, unless the 28 Office of Tourism, Trade, and Economic Development reduces 29 payments below $500,000 under its authority to decertify a 30 project as discussed in subsection (6). 31 (5) AUTHORIZED USE OF SALES TAX REIMBURSEMENT 12 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 PAYMENTS.--After entering into a sales tax reimbursement 2 agreement under subsection (7), a certified sports industry 3 economic development project may receive a sales tax 4 reimbursement for: 5 (a) Developing and implementing any component of the 6 project's sports events and activities; 7 (b) Constructing, reconstructing, renovating, 8 furnishing, equipping, or operating the project's facilities 9 or events; 10 (c) Pledging payments or debt service on or funding 11 debt service reserve funds, arbitrage rebate obligations, or 12 other amounts payable with respect to bonds for the project's 13 activities and facilities; or 14 (d) Paying the cost of relocating the project's 15 corporate headquarters into the state. 16 (6) CERTIFICATION, RECERTIFICATION, AND 17 DECERTIFICATION PROCEDURE.-- 18 (a) The Office of Tourism, Trade, and Economic 19 Development shall establish a certification process by which a 20 proposed amateur sports industry economic development project 21 may be approved by the office as a certified sports industry 22 economic development project that is eligible to receive 23 economic development incentives in the form of a sales tax 24 reimbursement of a percentage of new sales taxes that have 25 been generated and remitted to the state as a result of the 26 certified sports industry economic development project. 27 (b) Before certifying an applicant under this 28 subsection, the Office of Tourism, Trade, and Economic 29 Development shall determine that the applicant has: 30 1. Completed an independent analysis or study, 31 verified by the Office of Tourism, Trade, and Economic 13 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Development, which demonstrates that the proposed amateur 2 sports industry economic development project will generate a 3 minimum of $1 million annually in new sales tax revenues over 4 a multiyear period. 5 2. Received commitments for amateur sports activities 6 which demonstrate that the proposed amateur sports economic 7 development project will bring to this state on a multiyear 8 basis new proposed amateur sports economic development project 9 activities that will generate a minimum of $1 million in new 10 sales tax revenues annually, as verified by the Office of 11 Tourism, Trade, and Economic Development. 12 3. Demonstrated that the applicant has provided, is 13 capable of providing, or has financial or other commitments to 14 provide more than one-half of the costs incurred in or related 15 to the development of the proposed amateur sports industry 16 economic development project. 17 (c) An amateur sports business that has previously 18 been certified under this section and has received a sales tax 19 reimbursement under that certification is ineligible for 20 additional certification. 21 (d) Upon determining that a proposed amateur sports 22 industry economic development project meets the established 23 criteria for approval as a certified sports industry economic 24 development project and qualifies for a sales tax 25 reimbursement, the Office of Tourism, Trade, and Economic 26 Development shall issue to the applicant a letter of 27 certification that stipulates the terms of the sales tax 28 reimbursement agreement and the penalties for failing to 29 comply with those terms. 30 (e) The Office of Tourism, Trade, and Economic 31 Development shall deny the application of an amateur sports 14 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 business to be a certified sports industry economic 2 development project if the office determines that the proposed 3 project does not meet the established criteria for approval. 4 (f) The Office of Tourism, Trade, and Economic 5 Development shall develop a standardized form for an amateur 6 sports business to complete in applying for certification as a 7 certified sports industry economic development project. The 8 application shall include, but shall not be limited to, 9 relevant information on employment and job creation, proposed 10 budgets, contracts for multiyear events and projects, project 11 financing, and other information requested by the office. The 12 application may be distributed to applicants by the Office of 13 Tourism, Trade, and Economic Development, and all completed 14 applications shall be processed by the office. 15 (g) Initial certification for a sales tax 16 reimbursement under this section is valid for 120 months. 17 Subsequent to the initial certification period, the certified 18 sports industry economic development project is eligible for 19 two periods of recertification, each of which is valid for 60 20 months. A project shall request recertification 12 months 21 before the expiration of the certificate. 22 (h) A certified sports industry economic development 23 project may request recertification after the initial 24 certification period to be requalified for certification as a 25 certified sports industry economic development project for a 26 period not to exceed 240 months. 27 (i) The Office of Tourism, Trade, and Economic 28 Development shall recertify, before the end of the first 29 10-year period, that the certified sports industry economic 30 development project is operational and that the project is 31 meeting the minimum projections for sales tax revenues as 15 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 required at the time of original certification. If the project 2 is not recertified during this 10-year review period as 3 meeting the minimum projections, funding shall be adjusted 4 until certification criteria are met. If the project fails to 5 generate annual sales tax revenues pursuant to its sales tax 6 reimbursement agreement with the Office of Tourism, Trade, and 7 Economic Development, the amount of revenues distributed to 8 the project under s. 212.20(6)(e)7.e. shall be reduced to the 9 amount of the taxes collected times 50 percent. If, for 2 10 consecutive years, the amount of tax revenues collected falls 11 below a minimum of $1 million per year, the project may be 12 decertified at the discretion of the Office of Tourism, Trade, 13 and Economic Development. Such a reduction shall remain in 14 effect until the sales tax revenues generated by the project 15 in a 12-month period equal or exceed $1 million. 16 (j) A project may be decertified if the Office of 17 Tourism, Trade, and Economic Development determines that the 18 amateur sports business can no longer maintain its economic 19 development activities in this state. If the project is no 20 longer in existence, or is no longer viable, as determined by 21 the project's sales tax reimbursement agreement with the 22 Office of Tourism, Trade, and Economic Development, or if the 23 project has the certificate for purposes other than those 24 authorized by this section and chapter 212, the Office of 25 Tourism, Trade, and Economic Development shall notify the 26 Department of Revenue to suspend payment for a period of 6 27 months until the project is either in compliance with the 28 sales tax reimbursement agreement or is determined to be in 29 default. In addition to other penalties imposed by law, any 30 person who knowingly and willfully falsifies an application 31 for purposes other than those authorized by this section 16 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 commits a felony of the third degree, punishable as provided 2 in s. 775.082, s. 775.083, or s. 775.084. 3 (k) The Office of Tourism, Trade, and Economic 4 Development shall provide written notification to the 5 Department of Revenue of all certifications, recertifications, 6 and decertifications of projects and of the sales tax 7 reimbursement distribution amount each project is entitled to 8 receive. 9 (l) The Office of Tourism, Trade, and Economic 10 Development shall develop rules for the receipt and processing 11 of applications for funding pursuant to s. 212.20. 12 (7) SALES TAX REIMBURSEMENT AGREEMENT TERMS.-- 13 (a) In order to qualify for sales tax reimbursement 14 from the state, each certified sports industry economic 15 development project shall enter into a written agreement with 16 the Office of Tourism, Trade, and Economic Development which 17 specifies, at a minimum: 18 1. The total number of full-time-equivalent jobs 19 created in or transferred to this state as a direct result of 20 the project, the average wage paid for those jobs, the 21 criteria that will apply to measuring the achievement of these 22 terms during the effective period of the agreement, and a time 23 schedule or plan for when such jobs will be in place and 24 operative in the state. 25 2. The maximum amount of new sales taxes estimated to 26 be generated as a result of the project, the maximum amount of 27 sales tax reimbursement that the project is eligible to 28 receive, and the maximum amount of sales tax reimbursement 29 that the project is requesting. 30 3. The budgets, financing, projections, and cost 31 estimates for the sports activities and projects for which 17 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 reimbursement is sought. 2 (b) Compliance with the terms and conditions of the 3 sales tax reimbursement agreement is a condition precedent for 4 receiving a sales tax reimbursement each year. The terms and 5 timeframe of the agreement shall be commensurate with the 6 duration of the certification period. Failure to comply with 7 the terms and conditions of the sales tax reimbursement 8 agreement shall result in an immediate review by the Office of 9 Tourism, Trade, and Economic Development of the activities of 10 the project. 11 (c) The sales tax reimbursement shall not exceed 50 12 percent of the total project costs, amortized over a period 13 not to exceed 20 years. 14 (d) Sales tax reimbursement may be provided through 15 direct payment or other means of payment to the certified 16 sports industry economic development project, as determined in 17 the sales tax reimbursement agreement with the approval of the 18 Department of Revenue. 19 (8) ADMINISTRATION.-- 20 (a) The Office of Tourism, Trade, and Economic 21 Development may verify information provided in any claim for 22 sales tax reimbursement under this section, including 23 information regarding employment and wage levels or the 24 payment of taxes under chapter 212 to the appropriate agency, 25 including the Department of Revenue, the Agency for Workforce 26 Innovation, or the appropriate local government or authority. 27 (b) To facilitate the process of monitoring and 28 auditing applications made under this program, the Office of 29 Tourism, Trade, and Economic Development may request 30 information necessary for determining a project's compliance 31 with this section from the Department of Revenue, the Agency 18 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 for Workforce Innovation, or any local government or 2 authority. These governmental entities shall provide 3 assistance in the areas within their scope of 4 responsibilities. 5 (c) The Department of Revenue may audit as provided in 6 s. 213.34 to verify that the distributions pursuant to this 7 section have been expended as required in this section. 8 (9) RELATIONSHIP OF SALES TAX REIMBURSEMENTS TO SPORTS 9 INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.--Beginning January 10 1, 2003, the Office of Tourism, Trade, and Economic 11 Development shall maintain records based on information 12 provided on taxpayer applications for certified sports 13 industry economic development projects that receive sales tax 14 reimbursements. These records shall include a statement of the 15 percentage of the overall new economic impact generated by 16 certified sports industry economic development projects and 17 the amount of funds annually reimbursed to such projects. In 18 addition, the Office of Tourism, Trade, and Economic 19 Development shall maintain data showing the annual growth in 20 Florida-based amateur sports industry businesses and the 21 number of persons employed and wages paid by such businesses. 22 The Office of Tourism, Trade, and Economic Development shall 23 report this information to the Legislature annually, no later 24 than December 1. 25 Section 8. Effective July 1, 2001, subsection (1) of 26 section 288.1229, Florida Statutes, is amended to read: 27 288.1229 Promotion and development of sports-related 28 industries and amateur athletics; direct-support organization; 29 powers and duties.-- 30 (1) The Office of Tourism, Trade, and Economic 31 Development may authorize a direct-support organization to 19 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 assist the office in: 2 (a) The promotion and development of the sports 3 industry and related industries for the purpose of improving 4 the economic presence of these industries in Florida. 5 (b) The promotion of amateur athletic participation 6 for the citizens of Florida and the promotion of Florida as a 7 host for national and international amateur athletic 8 competitions for the purpose of encouraging and increasing the 9 direct and ancillary economic benefits of amateur athletic 10 events and competitions. 11 (c) The attraction of amateur sports industry economic 12 development projects to this state for the purposes set forth 13 in paragraphs (a) and (b), as well as for the purposes of 14 increasing national and international media promotions and 15 attention, promoting the quality of life in the state, and 16 promoting tourism, which will have a positive effect on 17 expanding the tax base as well as creating new jobs in the 18 state. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 1, line 15, after the semicolon 24 25 insert: 26 amending s. 212.20, F.S.; providing for the 27 Department of Revenue to distribute sales tax 28 reimbursements to certified sports industry 29 economic development projects under certain 30 circumstances; amending s. 213.053, F.S.; 31 extending the current information sharing with 20 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the Office of Tourism, Trade, and Economic 2 Development to include the sales tax 3 reimbursement program for certified sports 4 industry economic development projects; 5 creating s. 288.113, F.S.; creating a tax 6 reimbursement program for certified sports 7 industry economic development projects; 8 providing legislative findings and 9 declarations; providing definitions; providing 10 eligibility criteria for amateur sports 11 businesses; prescribing the terms and amounts 12 of tax reimbursements; providing a 13 certification procedure, to be established and 14 administered by the Office of Tourism, Trade, 15 and Economic Development; providing for 16 periodic recertification; abating or reducing 17 funding in specified circumstances; providing a 18 maximum number of years for which an amateur 19 sports business may be certified; providing for 20 decertification; providing a penalty for 21 falsifying an application; providing for a tax 22 reimbursement agreement and prescribing terms 23 of the agreement; providing for annual claims 24 for reimbursement; providing duties of the 25 Department of Revenue; providing for 26 administration of the program; providing for 27 recordkeeping and submission of an annual 28 report to the Legislature; amending s. 29 288.1229, F.S.; providing an additional purpose 30 for which the Office of Tourism, Trade, and 31 Economic Development may authorize a 21 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809
HOUSE AMENDMENT 717-126AX-05 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 direct-support organization to assist the 2 office; providing for the creation of new jobs 3 in this state; 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 22 File original & 9 copies 04/30/01 hbd0016 03:28 pm 00163-0041-581809