House Bill hb0345

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    Florida House of Representatives - 2001                 HB 345

        By Representative Johnson






  1                      A bill to be entitled

  2         An act relating to sports industry economic

  3         development projects; amending s. 212.20, F.S.;

  4         providing for the Department of Revenue to

  5         distribute sales tax reimbursements to

  6         certified sports industry economic development

  7         projects under certain circumstances; amending

  8         s. 213.053, F.S.; extending the current

  9         information sharing with the Office of Tourism,

10         Trade, and Economic Development to include the

11         sales tax reimbursement program for certified

12         sports industry economic development projects;

13         creating s. 288.113, F.S.; creating a tax

14         reimbursement program for certified sports

15         industry economic development projects;

16         providing legislative findings and

17         declarations; providing definitions; providing

18         eligibility criteria for amateur sports

19         businesses; prescribing the terms and amounts

20         of tax reimbursements; providing a

21         certification procedure, to be established and

22         administered by the Office of Tourism, Trade,

23         and Economic Development; providing for

24         periodic recertification; abating or reducing

25         funding in specified circumstances; providing a

26         maximum number of years for which an amateur

27         sports business may be certified; providing for

28         decertification; providing a penalty for

29         falsifying an application; providing for a tax

30         reimbursement agreement and prescribing terms

31         of the agreement; providing for annual claims

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  1         for reimbursement; providing duties of the

  2         Department of Revenue; providing for

  3         administration of the program; providing for

  4         recordkeeping and submission of an annual

  5         report to the Legislature; amending s.

  6         288.1229, F.S.; providing an additional purpose

  7         for which the Office of Tourism, Trade, and

  8         Economic Development may authorize a

  9         direct-support organization to assist the

10         office; providing for the creation of new jobs

11         in this state; providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Paragraph (e) of subsection (6) of section

16  212.20, Florida Statutes, is amended to read:

17         212.20  Funds collected, disposition; additional powers

18  of department; operational expense; refund of taxes

19  adjudicated unconstitutionally collected.--

20         (6)  Distribution of all proceeds under this chapter

21  shall be as follows:

22         (e)  The proceeds of all other taxes and fees imposed

23  pursuant to this chapter shall be distributed as follows:

24         1.  In any fiscal year, the greater of $500 million,

25  minus an amount equal to 4.6 percent of the proceeds of the

26  taxes collected pursuant to chapter 201, or 5 percent of all

27  other taxes and fees imposed pursuant to this chapter shall be

28  deposited in monthly installments into the General Revenue

29  Fund.

30         2.  Two-tenths of one percent shall be transferred to

31  the Solid Waste Management Trust Fund.

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  1         3.  After the distribution under subparagraphs 1. and

  2  2., 9.653 percent of the amount remitted by a sales tax dealer

  3  located within a participating county pursuant to s. 218.61

  4  shall be transferred into the Local Government Half-cent Sales

  5  Tax Clearing Trust Fund.

  6         4.  After the distribution under subparagraphs 1., 2.,

  7  and 3., 0.065 percent shall be transferred to the Local

  8  Government Half-cent Sales Tax Clearing Trust Fund and

  9  distributed pursuant to s. 218.65.

10         5.  For proceeds received after July 1, 2000, and after

11  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

12  percent of the available proceeds pursuant to this paragraph

13  shall be transferred monthly to the Revenue Sharing Trust Fund

14  for Counties pursuant to s. 218.215.

15         6.  For proceeds received after July 1, 2000, and after

16  the distributions under subparagraphs 1., 2., 3., and 4.,

17  1.0715 percent of the available proceeds pursuant to this

18  paragraph shall be transferred monthly to the Revenue Sharing

19  Trust Fund for Municipalities pursuant to s. 218.215. If the

20  total revenue to be distributed pursuant to this subparagraph

21  is at least as great as the amount due from the Revenue

22  Sharing Trust Fund for Municipalities and the Municipal

23  Financial Assistance Trust Fund in state fiscal year

24  1999-2000, no municipality shall receive less than the amount

25  due from the Revenue Sharing Trust Fund for Municipalities and

26  the Municipal Financial Assistance Trust Fund in state fiscal

27  year 1999-2000. If the total proceeds to be distributed are

28  less than the amount received in combination from the Revenue

29  Sharing Trust Fund for Municipalities and the Municipal

30  Financial Assistance Trust Fund in state fiscal year

31  1999-2000, each municipality shall receive an amount

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  1  proportionate to the amount it was due in state fiscal year

  2  1999-2000.

  3         7.  Of the remaining proceeds:

  4         a.  Beginning July 1, 2000, and in each fiscal year

  5  thereafter, the sum of $29,915,500 shall be divided into as

  6  many equal parts as there are counties in the state, and one

  7  part shall be distributed to each county.  The distribution

  8  among the several counties shall begin each fiscal year on or

  9  before January 5th and shall continue monthly for a total of 4

10  months.  If a local or special law required that any moneys

11  accruing to a county in fiscal year 1999-2000 under the

12  then-existing provisions of s. 550.135 be paid directly to the

13  district school board, special district, or a municipal

14  government, such payment shall continue until such time that

15  the local or special law is amended or repealed.  The state

16  covenants with holders of bonds or other instruments of

17  indebtedness issued by local governments, special districts,

18  or district school boards prior to July 1, 2000, that it is

19  not the intent of this subparagraph to adversely affect the

20  rights of those holders or relieve local governments, special

21  districts, or district school boards of the duty to meet their

22  obligations as a result of previous pledges or assignments or

23  trusts entered into which obligated funds received from the

24  distribution to county governments under then-existing s.

25  550.135.  This distribution specifically is in lieu of funds

26  distributed under s. 550.135 prior to July 1, 2000.

27         b.  The department shall distribute $166,667 monthly

28  pursuant to s. 288.1162 to each applicant that has been

29  certified as a "facility for a new professional sports

30  franchise" or a "facility for a retained professional sports

31  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

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  1  distributed monthly by the department to each applicant that

  2  has been certified as a "facility for a retained spring

  3  training franchise" pursuant to s. 288.1162; however, not more

  4  than $208,335 may be distributed monthly in the aggregate to

  5  all certified facilities for a retained spring training

  6  franchise. Distributions shall begin 60 days following such

  7  certification and shall continue for not more than 30 years.

  8  Nothing contained in this paragraph shall be construed to

  9  allow an applicant certified pursuant to s. 288.1162 to

10  receive more in distributions than actually expended by the

11  applicant for the public purposes provided for in s.

12  288.1162(6). However, a certified applicant is entitled to

13  receive distributions up to the maximum amount allowable and

14  undistributed under this section for additional renovations

15  and improvements to the facility for the franchise without

16  additional certification.

17         c.  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 the

20  professional golf hall of fame pursuant to s. 288.1168 and is

21  open to the public, $166,667 shall be distributed monthly, for

22  up to 300 months, to the applicant.

23         d.  Beginning 30 days after notice by the Office of

24  Tourism, Trade, and Economic Development to the Department of

25  Revenue that the applicant has been certified as the

26  International Game Fish Association World Center facility

27  pursuant to s. 288.1169, and the facility is open to the

28  public, $83,333 shall be distributed monthly, for up to 168

29  months, to the applicant. This distribution is subject to

30  reduction pursuant to s. 288.1169.  A lump sum payment of

31

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  1  $999,996 shall be made, after certification and before July 1,

  2  2000.

  3         e.  Beginning 12 months after notice by the Office of

  4  Tourism, Trade, and Economic Development that an applicant has

  5  been certified as a certified sports industry economic

  6  development project, a monthly sales tax reimbursement payment

  7  in the amount set forth in the notice by the Office of

  8  Tourism, Trade, and Economic Development shall be distributed

  9  to the applicant until the certification expires or notice is

10  received from the Office of Tourism, Trade, and Economic

11  Development of a change in the applicant's certification

12  status or in the certified monthly payment amount.  The amount

13  of the monthly sales tax reimbursement distribution shall be

14  adjusted beginning 30 days after notice by the Office of

15  Tourism, Trade, and Economic Development that the applicant is

16  to receive a reduced or increased sales tax reimbursement

17  payment.

18         8.  All other proceeds shall remain with the General

19  Revenue Fund.

20         Section 2.  Paragraph (k) of subsection (7) of section

21  213.053, Florida Statutes, is amended to read:

22         213.053  Confidentiality and information sharing.--

23         (7)  Notwithstanding any other provision of this

24  section, the department may provide:

25         (k)  Payment information relative to chapters 199, 201,

26  212, 220, and 221 to the Office of Tourism, Trade, and

27  Economic Development in its administration of the tax refund

28  program for qualified defense contractors authorized by s.

29  288.1045, and the tax refund program for qualified target

30  industry businesses authorized by s. 288.106, and the sales

31

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  1  tax reimbursement program for certified sports industry

  2  economic development projects authorized by s. 288.113.

  3         Section 3.  Section 288.113, Florida Statutes, is

  4  created to read:

  5         288.113  Tax reimbursement program for certified sports

  6  industry economic development projects.--

  7         (1)  LEGISLATIVE FINDINGS AND DECLARATIONS.--The

  8  Legislature finds that attracting, retaining, and providing

  9  favorable conditions for the growth of certified sports

10  industry economic development projects provides high-quality

11  employment opportunities for residents of the state, increases

12  tourism, and enhances the economic foundations of the state.

13  It is the policy of the state to encourage the growth of

14  high-value-added employment to the economic base by providing

15  a sales tax reimbursement to certified sports industry

16  economic development projects that create new employment

17  opportunities and generate new sales tax dollars by expanding

18  businesses within the state or by bringing new businesses to

19  the state.

20         (2)  DEFINITIONS.--As used in this section:

21         (a)  "Certified sports industry economic development

22  project" or "project" means any amateur sports business that

23  develops, operates, or both develops and operates a project

24  that attracts and retains multiyear amateur sporting events

25  that generate new sales taxes for the state, has submitted a

26  properly completed application to the Office of Tourism,

27  Trade, and Economic Development, and has subsequently been

28  certified by that office as a certified sports industry

29  economic development project.

30         (b)  "Sales tax reimbursement" means the monthly amount

31  to be distributed through a reimbursement to a certified

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  1  sports industry economic development project pursuant to s.

  2  212.20.  Such amount shall be determined by the Office of

  3  Tourism, Trade, and Economic Development as provided in this

  4  section.

  5         (3)  AMATEUR SPORTS BUSINESS ELIGIBLE TO APPLY.--

  6         (a)  Any amateur sports business that promotes

  7  multiyear amateur sports industry economic development

  8  activities in the state may submit to the Office of Tourism,

  9  Trade, and Economic Development an application for approval as

10  a certified sports industry economic development project for

11  the purpose of receiving a sales tax reimbursement on new

12  sales taxes generated by increased new business and tourism

13  activity directly attributable to the proposed amateur sports

14  industry economic development project.

15         (b)  The number of certified sports industry economic

16  development projects shall not exceed three until June 30,

17  2006, and thereafter only one new certified sports industry

18  economic development project may be certified by the Office of

19  Tourism, Trade, and Economic Development each year.

20         (4)  SALES TAX REIMBURSEMENT AND AUTHORIZED

21  AMOUNT.--Pursuant to s. 212.20, each certified sports industry

22  economic development project shall be eligible for a monthly

23  distribution of its sales tax reimbursement in the amount

24  determined by its sales tax reimbursement agreement with the

25  Office of Tourism, Trade, and Economic Development.  The

26  amount shall be based on new sales tax revenues generated

27  under chapter 212 by increased new business and tourism

28  activity directly attributable to the project as determined

29  using the sports economic impact model and, subject to other

30  restrictions, returns 50 percent of that amount to the

31  project.  The total amount of sales tax reimbursement for all

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  1  fiscal years estimated for each project shall not exceed 50

  2  percent of the cost of the project as determined by the Office

  3  of Tourism, Trade, and Economic Development in the

  4  certification process set forth in subsection (6).  The

  5  annualized amount of the monthly distribution shall be

  6  calculated by the Office of Tourism, Trade, and Economic

  7  Development and specified in the applicant's sales tax

  8  reimbursement agreement.  Annual payment amounts shall be no

  9  less than $500,000 and no more than $2 million, unless the

10  Office of Tourism, Trade, and Economic Development reduces

11  payments below $500,000 under its authority to decertify a

12  project as discussed in subsection (6).

13         (5)  AUTHORIZED USE OF SALES TAX REIMBURSEMENT

14  PAYMENTS.--After entering into a sales tax reimbursement

15  agreement under subsection (7), a certified sports industry

16  economic development project may receive a sales tax

17  reimbursement for any of the following:

18         (a)  Developing and implementing any component of the

19  project's sports events and activities.

20         (b)  Constructing, reconstructing, renovating,

21  furnishing, equipping, or operating the project's facilities

22  or events.

23         (c)  Pledging payments or debt service on, or funding,

24  debt service reserve funds, arbitrage rebate obligations, or

25  other amounts payable with respect to bonds for the project's

26  activities and facilities.

27         (d)  Paying the cost of relocating the project's

28  corporate headquarters into the state.

29         (6)  CERTIFICATION, RECERTIFICATION, AND

30  DECERTIFICATION PROCEDURE.--

31

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  1         (a)  The Office of Tourism, Trade, and Economic

  2  Development shall establish a certification process by which a

  3  proposed amateur sports industry economic development project

  4  may be approved by the office as a certified sports industry

  5  economic development project that is eligible to receive

  6  economic development incentives in the form of a sales tax

  7  reimbursement of a percentage of new sales taxes that have

  8  been generated and remitted to the state as a result of the

  9  certified sports industry economic development project.

10         (b)  Before certifying an applicant under this

11  subsection, the Office of Tourism, Trade, and Economic

12  Development must determine that the applicant has:

13         1.  Completed an independent analysis or study,

14  verified by the Office of Tourism, Trade, and Economic

15  Development, which demonstrates that the proposed amateur

16  sports industry economic development project will generate a

17  minimum of $1 million annually in new sales tax revenues over

18  a multiyear period.

19         2.  Received commitments for amateur sports activities

20  which demonstrate that the proposed amateur sports economic

21  development project will bring to this state on a multiyear

22  basis new proposed amateur sports economic development project

23  activities that will generate a minimum of $1 million in new

24  sales tax revenues annually, as verified by the Office of

25  Tourism, Trade, and Economic Development.

26         3.  Demonstrated that the applicant has provided, is

27  capable of providing, or has financial or other commitments to

28  provide more than one-half of the costs incurred in or related

29  to the development of the proposed amateur sports industry

30  economic development project activity.

31

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  1         (c)  An amateur sports business that has previously

  2  been certified under this section and has received a sales tax

  3  reimbursement under that certification is ineligible for

  4  additional certification.

  5         (d)  Upon determining that a proposed amateur sports

  6  industry economic development project meets the established

  7  criteria for approval as a certified sports industry economic

  8  development project and qualifies for a sales tax

  9  reimbursement, the Office of Tourism, Trade, and Economic

10  Development shall issue to the applicant a letter of

11  certification that stipulates the terms of the sales tax

12  reimbursement agreement and the penalties for failing to

13  comply with those terms.

14         (e)  The Office of Tourism, Trade, and Economic

15  Development shall deny the application of an amateur sports

16  business to be a certified sports industry economic

17  development project if the office determines that the proposed

18  project does not meet the established criteria for approval.

19         (f)  The Office of Tourism, Trade, and Economic

20  Development shall develop a standardized form for an amateur

21  sports business to complete in applying for certification as a

22  certified sports industry economic development project. The

23  application shall include, but is not limited to, relevant

24  information on employment and job creation, proposed budgets,

25  contracts for multiyear events and projects, project

26  financing, and other information requested by the office. The

27  application may be distributed to applicants by the Office of

28  Tourism, Trade, and Economic Development, and all completed

29  applications shall be processed by the office.

30         (g)  Initial certification for a sales tax

31  reimbursement under this section is valid for 10 years.

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  1  Subsequent to the initial certification period, the certified

  2  sports industry economic development project is eligible for

  3  two periods of recertification, each of which is valid for 5

  4  years. A project must request recertification 12 months before

  5  the expiration of the certificate.

  6         (h)  A certified sports industry economic development

  7  project may request recertification after the initial

  8  certification period to be requalified for certification as a

  9  certified sports industry economic development project for a

10  period not to exceed 20 years.

11         (i)  The Office of Tourism, Trade, and Economic

12  Development shall recertify, before the end of the first

13  10-year period, that the certified sports industry economic

14  development project is operational and that the project is

15  meeting the minimum projections for sales tax revenues as

16  required at the time of original certification. If the project

17  is not recertified during this 10-year review period as

18  meeting the minimum projections, funding shall be adjusted

19  until certification criteria are met. If the project fails to

20  generate annual sales tax revenues pursuant to its sales tax

21  reimbursement agreement with the Office of Tourism, Trade, and

22  Economic Development, the amount of revenues distributed to

23  the project under s. 212.20(6)(f)5.d. shall be reduced to an

24  amount equal to a pro-rata amount of the taxes collected times

25  50 percent. If, for 2 consecutive years, the amount of tax

26  revenues collected falls below a minimum of $1 million per

27  year, the project may be decertified at the discretion of the

28  Office of Tourism, Trade, and Economic Development. Such a

29  reduction shall remain in effect until the sales tax revenues

30  generated by the project in a 12-month period equal or exceed

31  $1 million.

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  1         (j)  A project may be decertified if the Office of

  2  Tourism, Trade, and Economic Development determines that the

  3  amateur sports business can no longer maintain its economic

  4  development activities in this state. If the project is no

  5  longer in existence, or is no longer viable, as determined by

  6  the project's sales tax reimbursement agreement with the

  7  Office of Tourism, Trade, and Economic Development, or if the

  8  project has the certificate for purposes other than those

  9  authorized by this section and chapter 212, the Office of

10  Tourism, Trade, and Economic Development shall notify the

11  Department of Revenue to suspend payment for a period of 6

12  months until the project is either in compliance with the

13  sales tax reimbursement agreement or is determined to be in

14  default. In addition to other penalties imposed by law, any

15  person who knowingly and willfully falsifies an application

16  for purposes other than those authorized by this section

17  commits a felony of the third degree, punishable as provided

18  in s. 775.082, s. 775.083, or s. 775.084.

19         (k)  The Office of Tourism, Trade, and Economic

20  Development shall provide written notification to the

21  Department of Revenue of all certifications, recertifications,

22  and decertifications of projects and of the sales tax

23  reimbursement distribution amount each project is entitled to

24  receive.

25         (l)  The Office of Tourism, Trade, and Economic

26  Development shall develop rules for the receipt and processing

27  of applications for funding pursuant to s. 212.20.

28         (7)  SALES TAX REIMBURSEMENT AGREEMENT TERMS.--

29         (a)  In order to qualify for sales tax reimbursement

30  from the state, each certified sports industry economic

31  development project must enter into a written agreement with

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  1  the Office of Tourism, Trade, and Economic Development which

  2  specifies, at a minimum:

  3         1.  The total number of full-time-equivalent jobs

  4  created in or transferred to the state as a direct result of

  5  the project, the average wage paid for those jobs, the

  6  criteria that will apply to measuring the achievement of these

  7  terms during the effective period of the agreement, and a time

  8  schedule or plan for when such jobs will be in place and

  9  operative in the state.

10         2.  The maximum amount of new sales taxes estimated to

11  be generated as a result of the project, the maximum amount of

12  sales tax reimbursement that the project is eligible to

13  receive, and the maximum amount of sales tax reimbursement

14  that the project is requesting.

15         3.  The budgets, financing, projections, and cost

16  estimates for the sports activities and projects for which

17  reimbursement is sought.

18         (b)  Compliance with the terms and conditions of the

19  sales tax reimbursement agreement is a condition precedent for

20  receiving a sales tax reimbursement each year. The terms and

21  time frame of the agreement shall be commensurate with the

22  duration of the certification period. Failure to comply with

23  the terms and conditions of the sales tax reimbursement

24  agreement shall result in an immediate review by the Office of

25  Tourism, Trade, and Economic Development of the activities of

26  the project.

27         (c)  The sales tax reimbursement shall not exceed 50

28  percent of the total project costs, amortized over a period of

29  years not to exceed 20.

30         (d)  Sales tax reimbursement may be provided through

31  direct payment or other means of payment to the certified

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  1  sports industry economic development project, as determined in

  2  the sales tax reimbursement agreement with the approval of the

  3  Department of Revenue.

  4         (8)  ADMINISTRATION.--

  5         (a)  The Office of Tourism, Trade, and Economic

  6  Development may verify information provided in any claim for

  7  sales tax reimbursement under this section, including

  8  information regarding employment and wage levels or the

  9  payment of taxes under chapter 212 to the appropriate agency,

10  including the Department of Revenue, the Department of Labor

11  and Employment Security, or the appropriate local government

12  or authority.

13         (b)  To facilitate the process of monitoring and

14  auditing applications made under this program, the Office of

15  Tourism, Trade, and Economic Development may request

16  information necessary for determining a project's compliance

17  with this section from the Department of Revenue, the

18  Department of Labor and Employment Security, or any local

19  government or authority.  These governmental entities shall

20  provide assistance in the areas within their scope of

21  responsibilities.

22         (c)  The Department of Revenue may audit as provided in

23  s. 213.34 to verify that the distributions pursuant to this

24  section have been expended as required in this section.

25         (9)  RELATIONSHIP OF SALES TAX REIMBURSEMENTS TO SPORTS

26  INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.--Beginning January

27  1, 2001, the Office of Tourism, Trade, and Economic

28  Development shall maintain records based on information

29  provided on taxpayer applications for certified sports

30  industry economic development projects that receive sales tax

31  reimbursements. These records must include a statement of the

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  1  percentage of the overall new economic impact generated by

  2  certified sports industry economic development projects and

  3  the amount of funds annually reimbursed to such projects. In

  4  addition, the Office of Tourism, Trade, and Economic

  5  Development shall maintain data showing the annual growth in

  6  Florida-based amateur sports industry businesses and the

  7  number of persons employed and wages paid by such businesses.

  8  The Office of Tourism, Trade, and Economic Development shall

  9  report this information to the Legislature annually, no later

10  than December 1.

11         Section 4.  Subsection (1) of section 288.1229, Florida

12  Statutes, is amended to read:

13         288.1229  Promotion and development of sports-related

14  industries and amateur athletics; direct-support organization;

15  powers and duties.--

16         (1)  The Office of Tourism, Trade, and Economic

17  Development may authorize a direct-support organization to

18  assist the office in:

19         (a)  The promotion and development of the sports

20  industry and related industries for the purpose of improving

21  the economic presence of these industries in Florida.

22         (b)  The promotion of amateur athletic participation

23  for the citizens of Florida and the promotion of Florida as a

24  host for national and international amateur athletic

25  competitions for the purpose of encouraging and increasing the

26  direct and ancillary economic benefits of amateur athletic

27  events and competitions.

28         (c)  The attraction of sports industry economic

29  development projects to this state for the purposes set forth

30  in paragraphs (a) and (b), as well as for the purposes of

31  increasing national and international media promotions and

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  1  attention, promoting the quality of life in the state, and

  2  promoting tourism, which will have a positive effect on

  3  expanding the tax base as well as creating new jobs in the

  4  state.

  5         Section 5.  This act shall take effect July 1, 2001.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Creates a tax reimbursement program for certified sports
10    industry economic development projects. Provides
      eligibility criteria for amateur sports businesses.
11    Prescribes the terms and amounts of tax reimbursements.
      Provides procedures for certification, recertification,
12    and decertification of amateur sports businesses.
      Provides for abating or reducing funding in specified
13    circumstances. Specifies a 20-year maximum certification
      time for amateur sports businesses. Provides for a tax
14    reimbursement agreement and prescribes terms of the
      agreement. Provides for annual claims for reimbursement.
15    Provides duties of the Department of Revenue. Requires
      recordkeeping and submission of an annual report to the
16    Legislature. Provides for the Department of Revenue to
      distribute sales tax reimbursements to certified
17    projects. Provides that the Office of Tourism, Trade, and
      Economic Development may authorize a direct-support
18    organization to assist the office in matters related to
      certified projects. Provides for the creation of new
19    jobs.

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CODING: Words stricken are deletions; words underlined are additions.