HOUSE AMENDMENT
    hbd-27                               Bill No. HB 163, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Barreiro offered the following:
12  
13         Amendment (with title amendment) 
14         On page 9, between lines 28 and 29,
15  
16  insert:  
17         Section 4.  Effective July 1, 2001, if section 35 of
18  chapter 2000-260, Laws of Florida, is repealed by section 58
19  of said chapter, paragraph (e) of subsection (6) of section
20  212.20, Florida Statutes, is amended to read:
21         212.20  Funds collected, disposition; additional powers
22  of department; operational expense; refund of taxes
23  adjudicated unconstitutionally collected.--
24         (6)  Distribution of all proceeds under this chapter
25  shall be as follows:
26         (e)  The proceeds of all other taxes and fees imposed
27  pursuant to this chapter shall be distributed as follows:
28         1.  In any fiscal year, the greater of $500 million,
29  minus an amount equal to 4.6 percent of the proceeds of the
30  taxes collected pursuant to chapter 201, or 5 percent of all
31  other taxes and fees imposed pursuant to this chapter shall be
                                  1
    File original & 9 copies    04/30/01                          
    hbd0005                     11:39 am         00163-0107-595785

HOUSE AMENDMENT hbd-27 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 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., 0.065 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. For proceeds received after July 1, 2000, and after 15 the distributions under subparagraphs 1., 2., 3., and 4., 2.25 16 percent of the available proceeds pursuant to this paragraph 17 shall be transferred monthly to the Revenue Sharing Trust Fund 18 for Counties pursuant to s. 218.215. 19 6. For proceeds received after July 1, 2000, and after 20 the distributions under subparagraphs 1., 2., 3., and 4., 21 1.0715 percent of the available proceeds pursuant to this 22 paragraph shall be transferred monthly to the Revenue Sharing 23 Trust Fund for Municipalities pursuant to s. 218.215. If the 24 total revenue to be distributed pursuant to this subparagraph 25 is at least as great as the amount due from the Revenue 26 Sharing Trust Fund for Municipalities and the Municipal 27 Financial Assistance Trust Fund in state fiscal year 28 1999-2000, no municipality shall receive less than the amount 29 due from the Revenue Sharing Trust Fund for Municipalities and 30 the Municipal Financial Assistance Trust Fund in state fiscal 31 year 1999-2000. If the total proceeds to be distributed are 2 File original & 9 copies 04/30/01 hbd0005 11:39 am 00163-0107-595785
HOUSE AMENDMENT hbd-27 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 less than the amount received in combination from the Revenue 2 Sharing Trust Fund for Municipalities and the Municipal 3 Financial Assistance Trust Fund in state fiscal year 4 1999-2000, each municipality shall receive an amount 5 proportionate to the amount it was due in state fiscal year 6 1999-2000. 7 7. Of the remaining proceeds: 8 a. Beginning July 1, 2000, and in each fiscal year 9 thereafter, the sum of $29,915,500 shall be divided into as 10 many equal parts as there are counties in the state, and one 11 part shall be distributed to each county. The distribution 12 among the several counties shall begin each fiscal year on or 13 before January 5th and shall continue monthly for a total of 4 14 months. If a local or special law required that any moneys 15 accruing to a county in fiscal year 1999-2000 under the 16 then-existing provisions of s. 550.135 be paid directly to the 17 district school board, special district, or a municipal 18 government, such payment shall continue until such time that 19 the local or special law is amended or repealed. The state 20 covenants with holders of bonds or other instruments of 21 indebtedness issued by local governments, special districts, 22 or district school boards prior to July 1, 2000, that it is 23 not the intent of this subparagraph to adversely affect the 24 rights of those holders or relieve local governments, special 25 districts, or district school boards of the duty to meet their 26 obligations as a result of previous pledges or assignments or 27 trusts entered into which obligated funds received from the 28 distribution to county governments under then-existing s. 29 550.135. This distribution specifically is in lieu of funds 30 distributed under s. 550.135 prior to July 1, 2000. 31 b. The department shall distribute $166,667 monthly 3 File original & 9 copies 04/30/01 hbd0005 11:39 am 00163-0107-595785
HOUSE AMENDMENT hbd-27 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 pursuant to s. 288.1162 to each applicant that has been 2 certified as a "facility for a new professional sports 3 franchise" or a "facility for a retained professional sports 4 franchise" pursuant to s. 288.1162. Up to $41,667 shall be 5 distributed monthly by the department to each applicant that 6 has been certified as a "facility for a retained spring 7 training franchise" pursuant to s. 288.1162; however, not more 8 than $208,335 may be distributed monthly in the aggregate to 9 all certified facilities for a retained spring training 10 franchise. Distributions shall begin 60 days following such 11 certification and shall continue for not more than 30 years. 12 Nothing contained in this paragraph shall be construed to 13 allow an applicant certified pursuant to s. 288.1162 to 14 receive more in distributions than actually expended by the 15 applicant for the public purposes provided for in s. 16 288.1162(6). However, a certified applicant is entitled to 17 receive distributions up to the maximum amount allowable and 18 undistributed under this section for additional renovations 19 and improvements to the facility for the franchise without 20 additional certification. 21 c. Beginning 30 days after notice by the Office of 22 Tourism, Trade, and Economic Development to the Department of 23 Revenue that an applicant has been certified as the 24 professional golf hall of fame pursuant to s. 288.1168 and is 25 open to the public, $166,667 shall be distributed monthly, for 26 up to 300 months, to the applicant. 27 d. Beginning 30 days after notice by the Office of 28 Tourism, Trade, and Economic Development to the Department of 29 Revenue that the applicant has been certified as the 30 International Game Fish Association World Center facility 31 pursuant to s. 288.1169, and the facility is open to the 4 File original & 9 copies 04/30/01 hbd0005 11:39 am 00163-0107-595785
HOUSE AMENDMENT hbd-27 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 public, $83,333 shall be distributed monthly, for up to 168 2 months, to the applicant. This distribution is subject to 3 reduction pursuant to s. 288.1169. A lump sum payment of 4 $999,996 shall be made, after certification and before July 1, 5 2000. 6 e. Beginning 30 days after notice by the Office of 7 Tourism, Trade, and Economic Development to the Department of 8 Revenue that the applicant has been certified as a motorsports 9 entertainment complex pursuant to s. 288.1170 and is open to 10 the public, an amount not to exceed $166,667 shall be 11 distributed monthly to the applicant. Distributions shall 12 continue for 30 years. 13 8. All other proceeds shall remain with the General 14 Revenue Fund. 15 Section 5. Effective July 1, 2001, if section 35 of 16 chapter 2000-260, Laws of Florida, is not repealed by section 17 58 of said chapter, paragraph (e) 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 and s. 202.18(1)(b) and (2)(b) shall be as follows: 24 (e) The proceeds of all other taxes and fees imposed 25 pursuant to this chapter or remitted pursuant to s. 26 202.18(1)(b) and (2)(b) 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 or 31 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be 5 File original & 9 copies 04/30/01 hbd0005 11:39 am 00163-0107-595785
HOUSE AMENDMENT hbd-27 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 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., 0.065 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. For proceeds received after July 1, 2000, and after 15 the distributions under subparagraphs 1., 2., 3., and 4., 2.25 16 percent of the available proceeds pursuant to this paragraph 17 shall be transferred monthly to the Revenue Sharing Trust Fund 18 for Counties pursuant to s. 218.215. 19 6. For proceeds received after July 1, 2000, and after 20 the distributions under subparagraphs 1., 2., 3., and 4., 21 1.0715 percent of the available proceeds pursuant to this 22 paragraph shall be transferred monthly to the Revenue Sharing 23 Trust Fund for Municipalities pursuant to s. 218.215. If the 24 total revenue to be distributed pursuant to this subparagraph 25 is at least as great as the amount due from the Revenue 26 Sharing Trust Fund for Municipalities and the Municipal 27 Financial Assistance Trust Fund in state fiscal year 28 1999-2000, no municipality shall receive less than the amount 29 due from the Revenue Sharing Trust Fund for Municipalities and 30 the Municipal Financial Assistance Trust Fund in state fiscal 31 year 1999-2000. If the total proceeds to be distributed are 6 File original & 9 copies 04/30/01 hbd0005 11:39 am 00163-0107-595785
HOUSE AMENDMENT hbd-27 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 less than the amount received in combination from the Revenue 2 Sharing Trust Fund for Municipalities and the Municipal 3 Financial Assistance Trust Fund in state fiscal year 4 1999-2000, each municipality shall receive an amount 5 proportionate to the amount it was due in state fiscal year 6 1999-2000. 7 7. Of the remaining proceeds: 8 a. Beginning July 1, 2000, and in each fiscal year 9 thereafter, the sum of $29,915,500 shall be divided into as 10 many equal parts as there are counties in the state, and one 11 part shall be distributed to each county. The distribution 12 among the several counties shall begin each fiscal year on or 13 before January 5th and shall continue monthly for a total of 4 14 months. If a local or special law required that any moneys 15 accruing to a county in fiscal year 1999-2000 under the 16 then-existing provisions of s. 550.135 be paid directly to the 17 district school board, special district, or a municipal 18 government, such payment shall continue until such time that 19 the local or special law is amended or repealed. The state 20 covenants with holders of bonds or other instruments of 21 indebtedness issued by local governments, special districts, 22 or district school boards prior to July 1, 2000, that it is 23 not the intent of this subparagraph to adversely affect the 24 rights of those holders or relieve local governments, special 25 districts, or district school boards of the duty to meet their 26 obligations as a result of previous pledges or assignments or 27 trusts entered into which obligated funds received from the 28 distribution to county governments under then-existing s. 29 550.135. This distribution specifically is in lieu of funds 30 distributed under s. 550.135 prior to July 1, 2000. 31 b. The department shall distribute $166,667 monthly 7 File original & 9 copies 04/30/01 hbd0005 11:39 am 00163-0107-595785
HOUSE AMENDMENT hbd-27 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 pursuant to s. 288.1162 to each applicant that has been 2 certified as a "facility for a new professional sports 3 franchise" or a "facility for a retained professional sports 4 franchise" pursuant to s. 288.1162. Up to $41,667 shall be 5 distributed monthly by the department to each applicant that 6 has been certified as a "facility for a retained spring 7 training franchise" pursuant to s. 288.1162; however, not more 8 than $208,335 may be distributed monthly in the aggregate to 9 all certified facilities for a retained spring training 10 franchise. Distributions shall begin 60 days following such 11 certification and shall continue for not more than 30 years. 12 Nothing contained in this paragraph shall be construed to 13 allow an applicant certified pursuant to s. 288.1162 to 14 receive more in distributions than actually expended by the 15 applicant for the public purposes provided for in s. 16 288.1162(6). However, a certified applicant is entitled to 17 receive distributions up to the maximum amount allowable and 18 undistributed under this section for additional renovations 19 and improvements to the facility for the franchise without 20 additional certification. 21 c. Beginning 30 days after notice by the Office of 22 Tourism, Trade, and Economic Development to the Department of 23 Revenue that an applicant has been certified as the 24 professional golf hall of fame pursuant to s. 288.1168 and is 25 open to the public, $166,667 shall be distributed monthly, for 26 up to 300 months, to the applicant. 27 d. Beginning 30 days after notice by the Office of 28 Tourism, Trade, and Economic Development to the Department of 29 Revenue that the applicant has been certified as the 30 International Game Fish Association World Center facility 31 pursuant to s. 288.1169, and the facility is open to the 8 File original & 9 copies 04/30/01 hbd0005 11:39 am 00163-0107-595785
HOUSE AMENDMENT hbd-27 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 public, $83,333 shall be distributed monthly, for up to 168 2 months, to the applicant. This distribution is subject to 3 reduction pursuant to s. 288.1169. A lump sum payment of 4 $999,996 shall be made, after certification and before July 1, 5 2000. 6 e. Beginning 30 days after notice by the Office of 7 Tourism, Trade, and Economic Development to the Department of 8 Revenue that the applicant has been certified as a motorsports 9 entertainment complex pursuant to s. 288.1170 and is open to 10 the public, an amount not to exceed $166,667 shall be 11 distributed monthly to the applicant. Distributions shall 12 continue for 30 years. 13 8. All other proceeds shall remain with the General 14 Revenue Fund. 15 Section 6. Effective July 1, 2001, section 288.1170, 16 Florida Statutes, is created to read: 17 288.1170 Motorsports entertainment complex; 18 definitions; certification; duties.-- 19 (1) As used in this section, the following terms shall 20 have the following meanings: 21 (a) "Applicant" means the owner of a motorsports 22 entertainment complex. 23 (b) "Motorsports entertainment complex" means a 24 closed-course racing facility, with ancillary grounds and 25 facilities, which: 26 1. Has not fewer than 70,000 permanent seats for race 27 patrons. 28 2. Has not fewer than 7 scheduled days of motorsports 29 events each calendar year. 30 3. Has paid admissions of more than 200,000 annually. 31 4. Serves food at the facility during sanctioned 9 File original & 9 copies 04/30/01 hbd0005 11:39 am 00163-0107-595785
HOUSE AMENDMENT hbd-27 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 motorsports races. 2 5. Engages in tourism promotion. 3 (c) "Motorsports event" means a motorsports race and 4 its ancillary activities, which have been sanctioned by a 5 sanctioning body. 6 (d) "Office" means the Office of Tourism, Trade, and 7 Economic Development of the Executive Office of the Governor. 8 (e) "Owner" means a person who owns or operates a 9 motorsports entertainment complex, or a person who leases a 10 motorsports entertainment complex or the land on which a 11 motorsports entertainment complex is located from the Federal 12 Government, the state, or a county, municipality, or special 13 district, and operates the motorsports entertainment complex. 14 (f) "Sanctioning body" means the American Motorcycle 15 Association (AMA), Championship Auto Racing Teams (CART), 16 Grand American Road Racing Association (Grand Am), Indy Racing 17 League (IRL), National Association for Stock Car Auto Racing 18 (NASCAR), National Hot Rod Association (NHRA), Professional 19 Sportscar Racing (PSR), Sports Car Club of America (SCCA), 20 United States Auto Club (USAC), or any successor organization, 21 or any other nationally recognized governing body of 22 motorsports that establishes an annual schedule of motorsports 23 events and grants rights to conduct such events, has 24 established and administers rules and regulations governing 25 all participants involved in such events and all persons 26 conducting such events, and requires certain liability 27 assurances, including insurance. 28 (g) "Unit of local government" has the meaning 29 ascribed in s. 218.369. 30 (2) The Office of Tourism, Trade, and Economic 31 Development shall serve as the state agency for screening 10 File original & 9 copies 04/30/01 hbd0005 11:39 am 00163-0107-595785
HOUSE AMENDMENT hbd-27 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 applicants for state funding pursuant to s. 212.20 and for 2 certifying an applicant as a motorsports entertainment 3 complex. The office shall develop and adopt rules for the 4 receipt and processing of applications for funding pursuant to 5 s. 212.20. The office shall make a determination regarding 6 any application filed by an applicant not later than 120 days 7 after the application is filed. 8 (3) Prior to certifying an applicant as a motorsports 9 entertainment complex, the office must determine that: 10 (a) A unit of local government holds title to the land 11 on which the motorsports entertainment complex is located, 12 holds title to the motorsports entertainment complex, or is 13 responsible for the construction, management, and operation of 14 the motorsports entertainment complex. 15 (b) Seven scheduled days of motorsports events were 16 held at the motorsports entertainment complex in the most 17 recently completed calendar year or seven scheduled days of 18 motorsports events are scheduled to be held at the motorsports 19 entertainment complex in the calendar year which begins after 20 the submission of the application. The applicant shall submit 21 certifications from the appropriate officials of the relevant 22 sanctioning bodies that such sanctioned motorsports events 23 were or will be held at the motorsports entertainment complex. 24 (c) The applicant has an independent analysis or 25 study, verified by the office, which demonstrates that the 26 motorsports entertainment complex will attract, or in the most 27 recently completed calendar year has attracted, paid 28 attendance of more than 200,000 annually. 29 (d) The applicant has an independent analysis or 30 study, verified by the office, which demonstrates that the 31 amount of the revenues generated by the taxes imposed under 11 File original & 9 copies 04/30/01 hbd0005 11:39 am 00163-0107-595785
HOUSE AMENDMENT hbd-27 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 chapter 212 with respect to the use and operation of the 2 motorsports entertainment complex is consistent with the 3 provisions of this act. 4 (e) The municipality in which the motorsports 5 entertainment complex is located, or the county if the 6 motorsports entertainment complex is located in an 7 unincorporated area, has certified by resolution after a 8 public hearing that the application serves a public purpose. 9 (f) The motorsports entertainment complex is located 10 in a county defined in s. 125.011(1). 11 (4) Upon determining that an applicant meets the 12 requirements of subsection (3), the office shall notify the 13 applicant and the executive director of the Department of 14 Revenue of such certification by means of an official letter 15 granting certification. If the applicant fails to meet the 16 certification requirements of subsection (3), the office shall 17 notify the applicant not later than 10 days following such 18 determination. 19 (5) The office must recertify each year that the 20 motorsports entertainment complex continues to generate 21 sufficient sales tax revenues annually as required pursuant to 22 paragraph (3)(d). 23 (6) No motorsports entertainment complex which has 24 been previously certified under this section and has received 25 funding under such certification shall be eligible for any 26 additional certification. 27 (7) An applicant certified as a motorsports 28 entertainment complex may use funds provided pursuant to s. 29 212.20 only for the following public purposes: 30 (a) Paying for the construction, reconstruction, 31 expansion, or renovation of a motorsports entertainment 12 File original & 9 copies 04/30/01 hbd0005 11:39 am 00163-0107-595785
HOUSE AMENDMENT hbd-27 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 complex. 2 (b) Paying debt service reserve funds, arbitrage 3 rebate obligations, or other amounts payable with respect to 4 bonds issued for the construction, reconstruction, expansion, 5 or renovation of the motorsports entertainment complex or for 6 the reimbursement of such costs or the refinancing of bonds 7 issued for such purposes. 8 (c) Paying for construction, reconstruction, 9 expansion, or renovation of transportation or other 10 infrastructure improvements related to, necessary for, or 11 appurtenant to the motorsports entertainment complex, 12 including, without limitation, paying debt service reserve 13 funds, arbitrage rebate obligations, or other amounts payable 14 with respect to bonds issued for the construction, 15 reconstruction, expansion, or renovation of such 16 transportation or other infrastructure improvements, and for 17 the reimbursement of such costs or the refinancing of bonds 18 issued for such purposes. 19 (d) Paying for programs of advertising and promotion 20 of or related to the motorsports entertainment complex or the 21 municipality in which the motorsports entertainment complex is 22 located, or the county if the motorsports entertainment 23 complex is located in an unincorporated area, provided such 24 programs of advertising and promotion are designed to increase 25 paid attendance at the motorsports entertainment complex or 26 increase tourism in or promote the economic development of the 27 community in which the motorsports entertainment complex is 28 located. 29 (8) The Department of Revenue may audit, as provided 30 in s. 213.34, to verify that the distributions pursuant to 31 this section have been expended as required in this section. 13 File original & 9 copies 04/30/01 hbd0005 11:39 am 00163-0107-595785
HOUSE AMENDMENT hbd-27 Bill No. HB 163, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Such information is subject to the confidentiality 2 requirements of chapter 213. If the Department of Revenue 3 determines that the distributions pursuant to this section 4 have not been expended as required by this section, it may 5 pursue recovery of such funds pursuant to the laws and rules 6 governing the assessment of taxes. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 1, line 15, 12 13 after the semicolon insert: 14 amending s. 212.20, F.S.; providing for 15 distribution of a portion of revenues from the 16 tax on sales, use, and other transactions to a 17 motorsports entertainment complex; creating s. 18 288.1170, F.S.; providing definitions; 19 providing for certification of such facility by 20 the Office of Tourism, Trade, and Economic 21 Development of the Executive Office of the 22 Governor; providing requirements for 23 certification; requiring specified notice; 24 providing for annual recertification; providing 25 for use of the funds distributed to a 26 motorsports entertainment complex; providing 27 for audits by the Department of Revenue; 28 29 30 31 14 File original & 9 copies 04/30/01 hbd0005 11:39 am 00163-0107-595785