House Bill hb0345e1
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CS/HB 345, First Engrossed/ntc
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
1
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CS/HB 345, First Engrossed/ntc
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. If section 35 of chapter 2000-260, Laws of
16 Florida, is repealed by section 58 of said chapter, paragraph
17 (e) of subsection (6) of section 212.20, Florida Statutes, is
18 amended to read:
19 212.20 Funds collected, disposition; additional powers
20 of department; operational expense; refund of taxes
21 adjudicated unconstitutionally collected.--
22 (6) Distribution of all proceeds under this chapter
23 shall be as follows:
24 (e) The proceeds of all other taxes and fees imposed
25 pursuant to this chapter shall be distributed as follows:
26 1. In any fiscal year, the greater of $500 million,
27 minus an amount equal to 4.6 percent of the proceeds of the
28 taxes collected pursuant to chapter 201, or 5 percent of all
29 other taxes and fees imposed pursuant to this chapter shall be
30 deposited in monthly installments into the General Revenue
31 Fund.
2
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CS/HB 345, First Engrossed/ntc
1 2. Two-tenths of one percent shall be transferred to
2 the Solid Waste Management Trust Fund.
3 3. After the distribution under subparagraphs 1. and
4 2., 9.653 percent of the amount remitted by a sales tax dealer
5 located within a participating county pursuant to s. 218.61
6 shall be transferred into the Local Government Half-cent Sales
7 Tax Clearing Trust Fund.
8 4. After the distribution under subparagraphs 1., 2.,
9 and 3., 0.065 percent shall be transferred to the Local
10 Government Half-cent Sales Tax Clearing Trust Fund and
11 distributed pursuant to s. 218.65.
12 5. For proceeds received after July 1, 2000, and after
13 the distributions under subparagraphs 1., 2., 3., and 4., 2.25
14 percent of the available proceeds pursuant to this paragraph
15 shall be transferred monthly to the Revenue Sharing Trust Fund
16 for Counties pursuant to s. 218.215.
17 6. For proceeds received after July 1, 2000, and after
18 the distributions under subparagraphs 1., 2., 3., and 4.,
19 1.0715 percent of the available proceeds pursuant to this
20 paragraph shall be transferred monthly to the Revenue Sharing
21 Trust Fund for Municipalities pursuant to s. 218.215. If the
22 total revenue to be distributed pursuant to this subparagraph
23 is at least as great as the amount due from the Revenue
24 Sharing Trust Fund for Municipalities and the Municipal
25 Financial Assistance Trust Fund in state fiscal year
26 1999-2000, no municipality shall receive less than the amount
27 due from the Revenue Sharing Trust Fund for Municipalities and
28 the Municipal Financial Assistance Trust Fund in state fiscal
29 year 1999-2000. If the total proceeds to be distributed are
30 less than the amount received in combination from the Revenue
31 Sharing Trust Fund for Municipalities and the Municipal
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CS/HB 345, First Engrossed/ntc
1 Financial Assistance Trust Fund in state fiscal year
2 1999-2000, each municipality shall receive an amount
3 proportionate to the amount it was due in state fiscal year
4 1999-2000.
5 7. Of the remaining proceeds:
6 a. Beginning July 1, 2000, and in each fiscal year
7 thereafter, the sum of $29,915,500 shall be divided into as
8 many equal parts as there are counties in the state, and one
9 part shall be distributed to each county. The distribution
10 among the several counties shall begin each fiscal year on or
11 before January 5th and shall continue monthly for a total of 4
12 months. If a local or special law required that any moneys
13 accruing to a county in fiscal year 1999-2000 under the
14 then-existing provisions of s. 550.135 be paid directly to the
15 district school board, special district, or a municipal
16 government, such payment shall continue until such time that
17 the local or special law is amended or repealed. The state
18 covenants with holders of bonds or other instruments of
19 indebtedness issued by local governments, special districts,
20 or district school boards prior to July 1, 2000, that it is
21 not the intent of this subparagraph to adversely affect the
22 rights of those holders or relieve local governments, special
23 districts, or district school boards of the duty to meet their
24 obligations as a result of previous pledges or assignments or
25 trusts entered into which obligated funds received from the
26 distribution to county governments under then-existing s.
27 550.135. This distribution specifically is in lieu of funds
28 distributed under s. 550.135 prior to July 1, 2000.
29 b. The department shall distribute $166,667 monthly
30 pursuant to s. 288.1162 to each applicant that has been
31 certified as a "facility for a new professional sports
4
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CS/HB 345, First Engrossed/ntc
1 franchise" or a "facility for a retained professional sports
2 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
3 distributed monthly by the department to each applicant that
4 has been certified as a "facility for a retained spring
5 training franchise" pursuant to s. 288.1162; however, not more
6 than $208,335 may be distributed monthly in the aggregate to
7 all certified facilities for a retained spring training
8 franchise. Distributions shall begin 60 days following such
9 certification and shall continue for not more than 30 years.
10 Nothing contained in this paragraph shall be construed to
11 allow an applicant certified pursuant to s. 288.1162 to
12 receive more in distributions than actually expended by the
13 applicant for the public purposes provided for in s.
14 288.1162(6). However, a certified applicant is entitled to
15 receive distributions up to the maximum amount allowable and
16 undistributed under this section for additional renovations
17 and improvements to the facility for the franchise without
18 additional certification.
19 c. Beginning 30 days after notice by the Office of
20 Tourism, Trade, and Economic Development to the Department of
21 Revenue that an applicant has been certified as the
22 professional golf hall of fame pursuant to s. 288.1168 and is
23 open to the public, $166,667 shall be distributed monthly, for
24 up to 300 months, to the applicant.
25 d. Beginning 30 days after notice by the Office of
26 Tourism, Trade, and Economic Development to the Department of
27 Revenue that the applicant has been certified as the
28 International Game Fish Association World Center facility
29 pursuant to s. 288.1169, and the facility is open to the
30 public, $83,333 shall be distributed monthly, for up to 168
31 months, to the applicant. This distribution is subject to
5
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CS/HB 345, First Engrossed/ntc
1 reduction pursuant to s. 288.1169. A lump sum payment of
2 $999,996 shall be made, after certification and before July 1,
3 2000.
4 e. Beginning 30 days after notice by the Office of
5 Tourism, Trade, and Economic Development to the Department of
6 Revenue that an applicant has been certified as a certified
7 sports industry economic development project pursuant to s.
8 288.113, and has generated new sales tax revenues that have
9 been remitted to the state during the prior twelve months, a
10 monthly sales tax reimbursement payment in the amount set
11 forth in the notice by the Office of Tourism, Trade and
12 Economic Development, based on actual sales tax generated over
13 a 12-month period, shall be distributed to the applicant until
14 the certification expires or notice is received by the
15 department from the Office of Tourism, Trade, and Economic
16 Development of a change in the applicant's certification
17 status or in the certified monthly payment amount. The amount
18 of the monthly sales tax reimbursement distribution shall be
19 adjusted beginning 30 days after notice by the Office of
20 Tourism, Trade, and Economic Development that the applicant is
21 to receive a reduced or increased sales tax reimbursement
22 payment.
23 8. All other proceeds shall remain with the General
24 Revenue Fund.
25 Section 2. If section 35 of chapter 2000-260, Laws of
26 Florida, is not repealed by section 58 of said chapter,
27 paragraph (e) of subsection (6) of section 212.20, Florida
28 Statutes, is amended to read:
29 212.20 Funds collected, disposition; additional powers
30 of department; operational expense; refund of taxes
31 adjudicated unconstitutionally collected.--
6
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1 (6) Distribution of all proceeds under this chapter
2 and s. 202.18(1)(b) and (2)(b) shall be as follows:
3 (e) The proceeds of all other taxes and fees imposed
4 pursuant to this chapter or remitted pursuant to s.
5 202.18(1)(b) and (2)(b) shall be distributed as follows:
6 1. In any fiscal year, the greater of $500 million,
7 minus an amount equal to 4.6 percent of the proceeds of the
8 taxes collected pursuant to chapter 201, or 5 percent of all
9 other taxes and fees imposed pursuant to this chapter or
10 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be
11 deposited in monthly installments into the General Revenue
12 Fund.
13 2. Two-tenths of one percent shall be transferred to
14 the Solid Waste Management Trust Fund.
15 3. After the distribution under subparagraphs 1. and
16 2., 9.653 percent of the amount remitted by a sales tax dealer
17 located within a participating county pursuant to s. 218.61
18 shall be transferred into the Local Government Half-cent Sales
19 Tax Clearing Trust Fund.
20 4. After the distribution under subparagraphs 1., 2.,
21 and 3., 0.065 percent shall be transferred to the Local
22 Government Half-cent Sales Tax Clearing Trust Fund and
23 distributed pursuant to s. 218.65.
24 5. For proceeds received after July 1, 2000, and after
25 the distributions under subparagraphs 1., 2., 3., and 4., 2.25
26 percent of the available proceeds pursuant to this paragraph
27 shall be transferred monthly to the Revenue Sharing Trust Fund
28 for Counties pursuant to s. 218.215.
29 6. For proceeds received after July 1, 2000, and after
30 the distributions under subparagraphs 1., 2., 3., and 4.,
31 1.0715 percent of the available proceeds pursuant to this
7
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1 paragraph shall be transferred monthly to the Revenue Sharing
2 Trust Fund for Municipalities pursuant to s. 218.215. If the
3 total revenue to be distributed pursuant to this subparagraph
4 is at least as great as the amount due from the Revenue
5 Sharing Trust Fund for Municipalities and the Municipal
6 Financial Assistance Trust Fund in state fiscal year
7 1999-2000, no municipality shall receive less than the amount
8 due from the Revenue Sharing Trust Fund for Municipalities and
9 the Municipal Financial Assistance Trust Fund in state fiscal
10 year 1999-2000. If the total proceeds to be distributed are
11 less than the amount received in combination from the Revenue
12 Sharing Trust Fund for Municipalities and the Municipal
13 Financial Assistance Trust Fund in state fiscal year
14 1999-2000, each municipality shall receive an amount
15 proportionate to the amount it was due in state fiscal year
16 1999-2000.
17 7. Of the remaining proceeds:
18 a. Beginning July 1, 2000, and in each fiscal year
19 thereafter, the sum of $29,915,500 shall be divided into as
20 many equal parts as there are counties in the state, and one
21 part shall be distributed to each county. The distribution
22 among the several counties shall begin each fiscal year on or
23 before January 5th and shall continue monthly for a total of 4
24 months. If a local or special law required that any moneys
25 accruing to a county in fiscal year 1999-2000 under the
26 then-existing provisions of s. 550.135 be paid directly to the
27 district school board, special district, or a municipal
28 government, such payment shall continue until such time that
29 the local or special law is amended or repealed. The state
30 covenants with holders of bonds or other instruments of
31 indebtedness issued by local governments, special districts,
8
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1 or district school boards prior to July 1, 2000, that it is
2 not the intent of this subparagraph to adversely affect the
3 rights of those holders or relieve local governments, special
4 districts, or district school boards of the duty to meet their
5 obligations as a result of previous pledges or assignments or
6 trusts entered into which obligated funds received from the
7 distribution to county governments under then-existing s.
8 550.135. This distribution specifically is in lieu of funds
9 distributed under s. 550.135 prior to July 1, 2000.
10 b. The department shall distribute $166,667 monthly
11 pursuant to s. 288.1162 to each applicant that has been
12 certified as a "facility for a new professional sports
13 franchise" or a "facility for a retained professional sports
14 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
15 distributed monthly by the department to each applicant that
16 has been certified as a "facility for a retained spring
17 training franchise" pursuant to s. 288.1162; however, not more
18 than $208,335 may be distributed monthly in the aggregate to
19 all certified facilities for a retained spring training
20 franchise. Distributions shall begin 60 days following such
21 certification and shall continue for not more than 30 years.
22 Nothing contained in this paragraph shall be construed to
23 allow an applicant certified pursuant to s. 288.1162 to
24 receive more in distributions than actually expended by the
25 applicant for the public purposes provided for in s.
26 288.1162(6). However, a certified applicant is entitled to
27 receive distributions up to the maximum amount allowable and
28 undistributed under this section for additional renovations
29 and improvements to the facility for the franchise without
30 additional certification.
31
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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
10
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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 3. Paragraph (k) of subsection (7) of section
8 213.053, Florida Statutes, is amended to read:
9 213.053 Confidentiality and information sharing.--
10 (7) Notwithstanding any other provision of this
11 section, the department may provide:
12 (k) Payment information relative to chapters 199, 201,
13 212, 220, and 221 to the Office of Tourism, Trade, and
14 Economic Development in its administration of the tax refund
15 program for qualified defense contractors authorized by s.
16 288.1045, and the tax refund program for qualified target
17 industry businesses authorized by s. 288.106, and the sales
18 tax reimbursement program for certified sports industry
19 economic development projects authorized by s. 288.113.
20 Section 4. Section 288.113, Florida Statutes, is
21 created to read:
22 288.113 Tax reimbursement program for certified sports
23 industry economic development projects.--
24 (1) LEGISLATIVE FINDINGS AND DECLARATIONS.--The
25 Legislature finds that attracting, retaining, and providing
26 favorable conditions for the growth of certified sports
27 industry economic development projects provides high-quality
28 employment opportunities for residents of the state, increases
29 tourism, and enhances the economic foundations of the state.
30 It is the policy of the state to encourage the growth of
31 high-value-added employment to the economic base by providing
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1 a sales tax reimbursement to certified sports industry
2 economic development projects that create new employment
3 opportunities and generate new sales tax dollars by expanding
4 businesses within the state or by bringing new businesses to
5 the state.
6 (2) DEFINITIONS.--As used in this section:
7 (a) "Certified sports industry economic development
8 project" or "project" means any amateur sports business that
9 develops, operates, attracts, and retains multiyear amateur
10 sporting events that generate new sales taxes for the state,
11 has submitted a properly completed application to the Office
12 of Tourism, Trade, and Economic Development, and has
13 subsequently been certified by that office as a certified
14 sports industry economic development project.
15 (b) "Sales tax reimbursement" means the monthly amount
16 to be distributed through a reimbursement to a certified
17 sports industry economic development project pursuant to s.
18 212.20. Such amount shall be determined by the Office of
19 Tourism, Trade, and Economic Development as provided in this
20 section.
21 (3) AMATEUR SPORTS BUSINESS ELIGIBLE TO APPLY.--
22 (a) Any amateur sports business that develops,
23 operates, attracts, and retains multiyear amateur sporting
24 events that generate new sales taxes for the state may submit
25 to the Office of Tourism, Trade, and Economic Development an
26 application for approval as a certified sports industry
27 economic development project for the purpose of receiving a
28 sales tax reimbursement on new sales taxes generated by
29 increased new business and tourism activity directly
30 attributable to the proposed amateur sports industry economic
31 development project.
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1 (b) The number of certified sports industry economic
2 development projects shall not exceed three until June 30,
3 2006, and thereafter only one new certified sports industry
4 economic development project may be certified by the Office of
5 Tourism, Trade, and Economic Development each year.
6 (4) SALES TAX REIMBURSEMENT AND AUTHORIZED
7 AMOUNT.--Pursuant to s. 212.20, each certified sports industry
8 economic development project shall be eligible for a monthly
9 distribution of its sales tax reimbursement in the amount
10 determined by its sales tax reimbursement agreement with the
11 Office of Tourism, Trade, and Economic Development. The
12 amount shall be based on new sales tax revenues generated
13 under chapter 212 by increased new business and tourism
14 activity directly attributable to the project as determined
15 using the sports economic impact model and, subject to other
16 restrictions, returns 50 percent of that amount to the
17 project. The total amount of sales tax reimbursement for all
18 fiscal years estimated for each project shall not exceed 50
19 percent of the cost of the project as determined by the Office
20 of Tourism, Trade, and Economic Development in the
21 certification process set forth in subsection (6). The
22 annualized amount of the monthly distribution shall be
23 calculated by the Office of Tourism, Trade, and Economic
24 Development and specified in the applicant's sales tax
25 reimbursement agreement. Annual payment amounts shall be no
26 less than $500,000 and no more than $2 million, unless the
27 Office of Tourism, Trade, and Economic Development reduces
28 payments below $500,000 under its authority to decertify a
29 project as discussed in subsection (6).
30 (5) AUTHORIZED USE OF SALES TAX REIMBURSEMENT
31 PAYMENTS.--After entering into a sales tax reimbursement
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1 agreement under subsection (7), a certified sports industry
2 economic development project may receive a sales tax
3 reimbursement for:
4 (a) Developing and implementing any component of the
5 project's sports events and activities;
6 (b) Constructing, reconstructing, renovating,
7 furnishing, equipping, or operating the project's facilities
8 or events;
9 (c) Pledging payments or debt service on or funding
10 debt service reserve funds, arbitrage rebate obligations, or
11 other amounts payable with respect to bonds for the project's
12 activities and facilities; or
13 (d) Paying the cost of relocating the project's
14 corporate headquarters into the state.
15 (6) CERTIFICATION, RECERTIFICATION, AND
16 DECERTIFICATION PROCEDURE.--
17 (a) The Office of Tourism, Trade, and Economic
18 Development shall establish a certification process by which a
19 proposed amateur sports industry economic development project
20 may be approved by the office as a certified sports industry
21 economic development project that is eligible to receive
22 economic development incentives in the form of a sales tax
23 reimbursement of a percentage of new sales taxes that have
24 been generated and remitted to the state as a result of the
25 certified sports industry economic development project.
26 (b) Before certifying an applicant under this
27 subsection, the Office of Tourism, Trade, and Economic
28 Development shall determine that the applicant has:
29 1. Completed an independent analysis or study,
30 verified by the Office of Tourism, Trade, and Economic
31 Development, which demonstrates that the proposed amateur
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1 sports industry economic development project will generate a
2 minimum of $1 million annually in new sales tax revenues over
3 a multiyear period.
4 2. Received commitments for amateur sports activities
5 which demonstrate that the proposed amateur sports economic
6 development project will bring to this state on a multiyear
7 basis new proposed amateur sports economic development project
8 activities that will generate a minimum of $1 million in new
9 sales tax revenues annually, as verified by the Office of
10 Tourism, Trade, and Economic Development.
11 3. Demonstrated that the applicant has provided, is
12 capable of providing, or has financial or other commitments to
13 provide more than one-half of the costs incurred in or related
14 to the development of the proposed amateur sports industry
15 economic development project.
16 (c) An amateur sports business that has previously
17 been certified under this section and has received a sales tax
18 reimbursement under that certification is ineligible for
19 additional certification.
20 (d) Upon determining that a proposed amateur sports
21 industry economic development project meets the established
22 criteria for approval as a certified sports industry economic
23 development project and qualifies for a sales tax
24 reimbursement, the Office of Tourism, Trade, and Economic
25 Development shall issue to the applicant a letter of
26 certification that stipulates the terms of the sales tax
27 reimbursement agreement and the penalties for failing to
28 comply with those terms.
29 (e) The Office of Tourism, Trade, and Economic
30 Development shall deny the application of an amateur sports
31 business to be a certified sports industry economic
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1 development project if the office determines that the proposed
2 project does not meet the established criteria for approval.
3 (f) The Office of Tourism, Trade, and Economic
4 Development shall develop a standardized form for an amateur
5 sports business to complete in applying for certification as a
6 certified sports industry economic development project. The
7 application shall include, but shall not be limited to,
8 relevant information on employment and job creation, proposed
9 budgets, contracts for multiyear events and projects, project
10 financing, and other information requested by the office. The
11 application may be distributed to applicants by the Office of
12 Tourism, Trade, and Economic Development, and all completed
13 applications shall be processed by the office.
14 (g) Initial certification for a sales tax
15 reimbursement under this section is valid for 120 months.
16 Subsequent to the initial certification period, the certified
17 sports industry economic development project is eligible for
18 two periods of recertification, each of which is valid for 60
19 months. A project shall request recertification 12 months
20 before the expiration of the certificate.
21 (h) A certified sports industry economic development
22 project may request recertification after the initial
23 certification period to be requalified for certification as a
24 certified sports industry economic development project for a
25 period not to exceed 240 months.
26 (i) The Office of Tourism, Trade, and Economic
27 Development shall recertify, before the end of the first
28 10-year period, that the certified sports industry economic
29 development project is operational and that the project is
30 meeting the minimum projections for sales tax revenues as
31 required at the time of original certification. If the project
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1 is not recertified during this 10-year review period as
2 meeting the minimum projections, funding shall be adjusted
3 until certification criteria are met. If the project fails to
4 generate annual sales tax revenues pursuant to its sales tax
5 reimbursement agreement with the Office of Tourism, Trade, and
6 Economic Development, the amount of revenues distributed to
7 the project under s. 212.20(6)(e)7.e. shall be reduced to the
8 amount of the taxes collected times 50 percent. If, for 2
9 consecutive years, the amount of tax revenues collected falls
10 below a minimum of $1 million per year, the project may be
11 decertified at the discretion of the Office of Tourism, Trade,
12 and Economic Development. Such a reduction shall remain in
13 effect until the sales tax revenues generated by the project
14 in a 12-month period equal or exceed $1 million.
15 (j) A project may be decertified if the Office of
16 Tourism, Trade, and Economic Development determines that the
17 amateur sports business can no longer maintain its economic
18 development activities in this state. If the project is no
19 longer in existence, or is no longer viable, as determined by
20 the project's sales tax reimbursement agreement with the
21 Office of Tourism, Trade, and Economic Development, or if the
22 project has the certificate for purposes other than those
23 authorized by this section and chapter 212, the Office of
24 Tourism, Trade, and Economic Development shall notify the
25 Department of Revenue to suspend payment for a period of 6
26 months until the project is either in compliance with the
27 sales tax reimbursement agreement or is determined to be in
28 default. In addition to other penalties imposed by law, any
29 person who knowingly and willfully falsifies an application
30 for purposes other than those authorized by this section
31
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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
31
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1 3. The budgets, financing, projections, and cost
2 estimates for the sports activities and projects for which
3 reimbursement is sought.
4 (b) Compliance with the terms and conditions of the
5 sales tax reimbursement agreement is a condition precedent for
6 receiving a sales tax reimbursement each year. The terms and
7 timeframe of the agreement shall be commensurate with the
8 duration of the certification period. Failure to comply with
9 the terms and conditions of the sales tax reimbursement
10 agreement shall result in an immediate review by the Office of
11 Tourism, Trade, and Economic Development of the activities of
12 the project.
13 (c) The sales tax reimbursement shall not exceed 50
14 percent of the total project costs, amortized over a period
15 not to exceed 20 years.
16 (d) Sales tax reimbursement may be provided through
17 direct payment or other means of payment to the certified
18 sports industry economic development project, as determined in
19 the sales tax reimbursement agreement with the approval of the
20 Department of Revenue.
21 (8) ADMINISTRATION.--
22 (a) The Office of Tourism, Trade, and Economic
23 Development may verify information provided in any claim for
24 sales tax reimbursement under this section, including
25 information regarding employment and wage levels or the
26 payment of taxes under chapter 212 to the appropriate agency,
27 including the Department of Revenue, the Agency for Workforce
28 Innovation, or the appropriate local government or authority.
29 (b) To facilitate the process of monitoring and
30 auditing applications made under this program, the Office of
31 Tourism, Trade, and Economic Development may request
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CS/HB 345, First Engrossed/ntc
1 information necessary for determining a project's compliance
2 with this section from the Department of Revenue, the Agency
3 for Workforce Innovation, or any local government or
4 authority. These governmental entities shall provide
5 assistance in the areas within their scope of
6 responsibilities.
7 (c) The Department of Revenue may audit as provided in
8 s. 213.34 to verify that the distributions pursuant to this
9 section have been expended as required in this section.
10 (9) RELATIONSHIP OF SALES TAX REIMBURSEMENTS TO SPORTS
11 INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.--Beginning January
12 1, 2003, the Office of Tourism, Trade, and Economic
13 Development shall maintain records based on information
14 provided on taxpayer applications for certified sports
15 industry economic development projects that receive sales tax
16 reimbursements. These records shall include a statement of the
17 percentage of the overall new economic impact generated by
18 certified sports industry economic development projects and
19 the amount of funds annually reimbursed to such projects. In
20 addition, the Office of Tourism, Trade, and Economic
21 Development shall maintain data showing the annual growth in
22 Florida-based amateur sports industry businesses and the
23 number of persons employed and wages paid by such businesses.
24 The Office of Tourism, Trade, and Economic Development shall
25 report this information to the Legislature annually, no later
26 than December 1.
27 Section 5. Subsection (1) of section 288.1229, Florida
28 Statutes, is amended to read:
29 288.1229 Promotion and development of sports-related
30 industries and amateur athletics; direct-support organization;
31 powers and duties.--
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1 (1) The Office of Tourism, Trade, and Economic
2 Development may authorize a direct-support organization to
3 assist the office in:
4 (a) The promotion and development of the sports
5 industry and related industries for the purpose of improving
6 the economic presence of these industries in Florida.
7 (b) The promotion of amateur athletic participation
8 for the citizens of Florida and the promotion of Florida as a
9 host for national and international amateur athletic
10 competitions for the purpose of encouraging and increasing the
11 direct and ancillary economic benefits of amateur athletic
12 events and competitions.
13 (c) The attraction of amateur sports industry economic
14 development projects to this state for the purposes set forth
15 in paragraphs (a) and (b), as well as for the purposes of
16 increasing national and international media promotions and
17 attention, promoting the quality of life in the state, and
18 promoting tourism, which will have a positive effect on
19 expanding the tax base as well as creating new jobs in the
20 state.
21 Section 6. This act shall take effect July 1, 2001.
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