SENATE AMENDMENT
    Bill No. CS for CS for SB 460
    Amendment No. ___   Barcode 103596
                            CHAMBER ACTION
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11  Senator Clary moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 5, line 6,
15  
16  insert:  
17         Section 1.  If section 35 of chapter 2000-260, Laws of
18  Florida, is repealed by section 58 of that chapter, paragraph
19  (e) of subsection (6) of section 212.20, Florida Statutes, is
20  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
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SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 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 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 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 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 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 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 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 an applicant has been certified as a certified 9 sports industry economic development project pursuant to s. 10 288.113, and has generated new sales tax revenues that have 11 been remitted to the state during the prior twelve months, a 12 monthly sales tax reimbursement payment in the amount set 13 forth in the notice by the Office of Tourism, Trade and 14 Economic Development, based on actual sales tax generated over 15 a 12-month period, shall be distributed to the applicant until 16 the certification expires or notice is received by the 17 department from the Office of Tourism, Trade, and Economic 18 Development of a change in the applicant's certification 19 status or in the certified monthly payment amount. The amount 20 of the monthly sales tax reimbursement distribution shall be 21 adjusted beginning 30 days after notice by the Office of 22 Tourism, Trade, and Economic Development that the applicant is 23 to receive a reduced or increased sales tax reimbursement 24 payment. 25 8. All other proceeds shall remain with the General 26 Revenue Fund. 27 Section 2. If section 35 of chapter 2000-260, Laws of 28 Florida, is not repealed by section 58 of that chapter, 29 paragraph (e) of subsection (6) of section 212.20, Florida 30 Statutes, is amended to read: 31 212.20 Funds collected, disposition; additional powers 5 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 of department; operational expense; refund of taxes 2 adjudicated unconstitutionally collected.-- 3 (6) Distribution of all proceeds under this chapter 4 and s. 202.18(1)(b) and (2)(b) shall be as follows: 5 (e) The proceeds of all other taxes and fees imposed 6 pursuant to this chapter or remitted pursuant to s. 7 202.18(1)(b) and (2)(b) shall be distributed as follows: 8 1. In any fiscal year, the greater of $500 million, 9 minus an amount equal to 4.6 percent of the proceeds of the 10 taxes collected pursuant to chapter 201, or 5 percent of all 11 other taxes and fees imposed pursuant to this chapter or 12 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be 13 deposited in monthly installments into the General Revenue 14 Fund. 15 2. Two-tenths of one percent shall be transferred to 16 the Solid Waste Management Trust Fund. 17 3. After the distribution under subparagraphs 1. and 18 2., 9.653 percent of the amount remitted by a sales tax dealer 19 located within a participating county pursuant to s. 218.61 20 shall be transferred into the Local Government Half-cent Sales 21 Tax Clearing Trust Fund. 22 4. After the distribution under subparagraphs 1., 2., 23 and 3., 0.065 percent shall be transferred to the Local 24 Government Half-cent Sales Tax Clearing Trust Fund and 25 distributed pursuant to s. 218.65. 26 5. For proceeds received after July 1, 2000, and after 27 the distributions under subparagraphs 1., 2., 3., and 4., 2.25 28 percent of the available proceeds pursuant to this paragraph 29 shall be transferred monthly to the Revenue Sharing Trust Fund 30 for Counties pursuant to s. 218.215. 31 6. For proceeds received after July 1, 2000, and after 6 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 the distributions under subparagraphs 1., 2., 3., and 4., 2 1.0715 percent of the available proceeds pursuant to this 3 paragraph shall be transferred monthly to the Revenue Sharing 4 Trust Fund for Municipalities pursuant to s. 218.215. If the 5 total revenue to be distributed pursuant to this subparagraph 6 is at least as great as the amount due from the Revenue 7 Sharing Trust Fund for Municipalities and the Municipal 8 Financial Assistance Trust Fund in state fiscal year 9 1999-2000, no municipality shall receive less than the amount 10 due from the Revenue Sharing Trust Fund for Municipalities and 11 the Municipal Financial Assistance Trust Fund in state fiscal 12 year 1999-2000. If the total proceeds to be distributed are 13 less than the amount received in combination from the Revenue 14 Sharing Trust Fund for Municipalities and the Municipal 15 Financial Assistance Trust Fund in state fiscal year 16 1999-2000, each municipality shall receive an amount 17 proportionate to the amount it was due in state fiscal year 18 1999-2000. 19 7. Of the remaining proceeds: 20 a. Beginning July 1, 2000, and in each fiscal year 21 thereafter, the sum of $29,915,500 shall be divided into as 22 many equal parts as there are counties in the state, and one 23 part shall be distributed to each county. The distribution 24 among the several counties shall begin each fiscal year on or 25 before January 5th and shall continue monthly for a total of 4 26 months. If a local or special law required that any moneys 27 accruing to a county in fiscal year 1999-2000 under the 28 then-existing provisions of s. 550.135 be paid directly to the 29 district school board, special district, or a municipal 30 government, such payment shall continue until such time that 31 the local or special law is amended or repealed. The state 7 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 covenants with holders of bonds or other instruments of 2 indebtedness issued by local governments, special districts, 3 or district school boards prior to July 1, 2000, that it is 4 not the intent of this subparagraph to adversely affect the 5 rights of those holders or relieve local governments, special 6 districts, or district school boards of the duty to meet their 7 obligations as a result of previous pledges or assignments or 8 trusts entered into which obligated funds received from the 9 distribution to county governments under then-existing s. 10 550.135. This distribution specifically is in lieu of funds 11 distributed under s. 550.135 prior to July 1, 2000. 12 b. The department shall distribute $166,667 monthly 13 pursuant to s. 288.1162 to each applicant that has been 14 certified as a "facility for a new professional sports 15 franchise" or a "facility for a retained professional sports 16 franchise" pursuant to s. 288.1162. Up to $41,667 shall be 17 distributed monthly by the department to each applicant that 18 has been certified as a "facility for a retained spring 19 training franchise" pursuant to s. 288.1162; however, not more 20 than $208,335 may be distributed monthly in the aggregate to 21 all certified facilities for a retained spring training 22 franchise. Distributions shall begin 60 days following such 23 certification and shall continue for not more than 30 years. 24 Nothing contained in this paragraph shall be construed to 25 allow an applicant certified pursuant to s. 288.1162 to 26 receive more in distributions than actually expended by the 27 applicant for the public purposes provided for in s. 28 288.1162(6). However, a certified applicant is entitled to 29 receive distributions up to the maximum amount allowable and 30 undistributed under this section for additional renovations 31 and improvements to the facility for the franchise without 8 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 additional certification. 2 c. Beginning 30 days after notice by the Office of 3 Tourism, Trade, and Economic Development to the Department of 4 Revenue that an applicant has been certified as the 5 professional golf hall of fame pursuant to s. 288.1168 and is 6 open to the public, $166,667 shall be distributed monthly, for 7 up to 300 months, to the applicant. 8 d. Beginning 30 days after notice by the Office of 9 Tourism, Trade, and Economic Development to the Department of 10 Revenue that the applicant has been certified as the 11 International Game Fish Association World Center facility 12 pursuant to s. 288.1169, and the facility is open to the 13 public, $83,333 shall be distributed monthly, for up to 168 14 months, to the applicant. This distribution is subject to 15 reduction pursuant to s. 288.1169. A lump sum payment of 16 $999,996 shall be made, after certification and before July 1, 17 2000. 18 e. Beginning 30 days after notice by the Office of 19 Tourism, Trade, and Economic Development to the Department of 20 Revenue that an applicant has been certified as a certified 21 sports industry economic development project pursuant to s. 22 288.113, and has generated new sales tax revenues that have 23 been remitted to the state during the prior twelve months, a 24 monthly sales tax reimbursement payment in the amount set 25 forth in the notice by the Office of Tourism, Trade and 26 Economic Development, based on actual sales tax generated over 27 a 12-month period, shall be distributed to the applicant until 28 the certification expires or notice is received by the 29 department from the Office of Tourism, Trade, and Economic 30 Development of a change in the applicant's certification 31 status or in the certified monthly payment amount. The amount 9 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 of the monthly sales tax reimbursement distribution shall be 2 adjusted beginning 30 days after notice by the Office of 3 Tourism, Trade, and Economic Development that the applicant is 4 to receive a reduced or increased sales tax reimbursement 5 payment. 6 8. All other proceeds shall remain with the General 7 Revenue Fund. 8 Section 3. Paragraph (k) of subsection (7) of section 9 213.053, Florida Statutes, is amended to read: 10 213.053 Confidentiality and information sharing.-- 11 (7) Notwithstanding any other provision of this 12 section, the department may provide: 13 (k) Payment information relative to chapters 199, 201, 14 212, 220, and 221 to the Office of Tourism, Trade, and 15 Economic Development in its administration of the tax refund 16 program for qualified defense contractors authorized by s. 17 288.1045, and the tax refund program for qualified target 18 industry businesses authorized by s. 288.106, and the sales 19 tax reimbursement program for certified sports industry 20 economic development projects authorized by s. 288.113. 21 Section 4. Section 288.113, Florida Statutes, is 22 created to read: 23 288.113 Tax reimbursement program for certified sports 24 industry economic development projects.-- 25 (1) LEGISLATIVE FINDINGS AND DECLARATIONS.--The 26 Legislature finds that attracting, retaining, and providing 27 favorable conditions for the growth of certified sports 28 industry economic development projects provides high-quality 29 employment opportunities for residents of the state, increases 30 tourism, and enhances the economic foundations of the state. 31 It is the policy of the state to encourage the growth of 10 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 high-value-added employment to the economic base by providing 2 a sales tax reimbursement to certified sports industry 3 economic development projects that create new employment 4 opportunities and generate new sales tax dollars by expanding 5 businesses within the state or by bringing new businesses to 6 the state. 7 (2) DEFINITIONS.--As used in this section: 8 (a) "Certified sports industry economic development 9 project" or "project" means any amateur sports business that 10 develops, operates, attracts, and retains multiyear amateur 11 sporting events that generate new sales taxes for the state, 12 has submitted a properly completed application to the Office 13 of Tourism, Trade, and Economic Development, and has 14 subsequently been certified by that office as a certified 15 sports industry economic development project. 16 (b) "Sales tax reimbursement" means the monthly amount 17 to be distributed through a reimbursement to a certified 18 sports industry economic development project pursuant to s. 19 212.20. Such amount shall be determined by the Office of 20 Tourism, Trade, and Economic Development as provided in this 21 section. 22 (3) AMATEUR SPORTS BUSINESS ELIGIBLE TO APPLY.-- 23 (a) Any amateur sports business that develops, 24 operates, attracts, and retains multiyear amateur sporting 25 events that generate new sales taxes for the state may submit 26 to the Office of Tourism, Trade, and Economic Development an 27 application for approval as a certified sports industry 28 economic development project for the purpose of receiving a 29 sales tax reimbursement on new sales taxes generated by 30 increased new business and tourism activity directly 31 attributable to the proposed amateur sports industry economic 11 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 development project. 2 (b) The number of certified sports industry economic 3 development projects shall not exceed three until June 30, 4 2006, and thereafter only one new certified sports industry 5 economic development project may be certified by the Office of 6 Tourism, Trade, and Economic Development each year. 7 (4) SALES TAX REIMBURSEMENT AND AUTHORIZED 8 AMOUNT.--Pursuant to s. 212.20, each certified sports industry 9 economic development project shall be eligible for a monthly 10 distribution of its sales tax reimbursement in the amount 11 determined by its sales tax reimbursement agreement with the 12 Office of Tourism, Trade, and Economic Development. The 13 amount shall be based on new sales tax revenues generated 14 under chapter 212 by increased new business and tourism 15 activity directly attributable to the project as determined 16 using the sports economic impact model and, subject to other 17 restrictions, returns 50 percent of that amount to the 18 project. The total amount of sales tax reimbursement for all 19 fiscal years estimated for each project shall not exceed 50 20 percent of the cost of the project as determined by the Office 21 of Tourism, Trade, and Economic Development in the 22 certification process set forth in subsection (6). The 23 annualized amount of the monthly distribution shall be 24 calculated by the Office of Tourism, Trade, and Economic 25 Development and specified in the applicant's sales tax 26 reimbursement agreement. Annual payment amounts shall be no 27 less than $500,000 and no more than $2 million, unless the 28 Office of Tourism, Trade, and Economic Development reduces 29 payments below $500,000 under its authority to decertify a 30 project as discussed in subsection (6). 31 (5) AUTHORIZED USE OF SALES TAX REIMBURSEMENT 12 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 PAYMENTS.--After entering into a sales tax reimbursement 2 agreement under subsection (7), a certified sports industry 3 economic development project may receive a sales tax 4 reimbursement for: 5 (a) Developing and implementing any component of the 6 project's sports events and activities; 7 (b) Constructing, reconstructing, renovating, 8 furnishing, equipping, or operating the project's facilities 9 or events; 10 (c) Pledging payments or debt service on or funding 11 debt service reserve funds, arbitrage rebate obligations, or 12 other amounts payable with respect to bonds for the project's 13 activities and facilities; or 14 (d) Paying the cost of relocating the project's 15 corporate headquarters into the state. 16 (6) CERTIFICATION, RECERTIFICATION, AND 17 DECERTIFICATION PROCEDURE.-- 18 (a) The Office of Tourism, Trade, and Economic 19 Development shall establish a certification process by which a 20 proposed amateur sports industry economic development project 21 may be approved by the office as a certified sports industry 22 economic development project that is eligible to receive 23 economic development incentives in the form of a sales tax 24 reimbursement of a percentage of new sales taxes that have 25 been generated and remitted to the state as a result of the 26 certified sports industry economic development project. 27 (b) Before certifying an applicant under this 28 subsection, the Office of Tourism, Trade, and Economic 29 Development shall determine that the applicant has: 30 1. Completed an independent analysis or study, 31 verified by the Office of Tourism, Trade, and Economic 13 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 Development, which demonstrates that the proposed amateur 2 sports industry economic development project will generate a 3 minimum of $1 million annually in new sales tax revenues over 4 a multiyear period. 5 2. Received commitments for amateur sports activities 6 which demonstrate that the proposed amateur sports economic 7 development project will bring to this state on a multiyear 8 basis new proposed amateur sports economic development project 9 activities that will generate a minimum of $1 million in new 10 sales tax revenues annually, as verified by the Office of 11 Tourism, Trade, and Economic Development. 12 3. Demonstrated that the applicant has provided, is 13 capable of providing, or has financial or other commitments to 14 provide more than one-half of the costs incurred in or related 15 to the development of the proposed amateur sports industry 16 economic development project. 17 (c) An amateur sports business that has previously 18 been certified under this section and has received a sales tax 19 reimbursement under that certification is ineligible for 20 additional certification. 21 (d) Upon determining that a proposed amateur sports 22 industry economic development project meets the established 23 criteria for approval as a certified sports industry economic 24 development project and qualifies for a sales tax 25 reimbursement, the Office of Tourism, Trade, and Economic 26 Development shall issue to the applicant a letter of 27 certification that stipulates the terms of the sales tax 28 reimbursement agreement and the penalties for failing to 29 comply with those terms. 30 (e) The Office of Tourism, Trade, and Economic 31 Development shall deny the application of an amateur sports 14 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 business to be a certified sports industry economic 2 development project if the office determines that the proposed 3 project does not meet the established criteria for approval. 4 (f) The Office of Tourism, Trade, and Economic 5 Development shall develop a standardized form for an amateur 6 sports business to complete in applying for certification as a 7 certified sports industry economic development project. The 8 application shall include, but shall not be limited to, 9 relevant information on employment and job creation, proposed 10 budgets, contracts for multiyear events and projects, project 11 financing, and other information requested by the office. The 12 application may be distributed to applicants by the Office of 13 Tourism, Trade, and Economic Development, and all completed 14 applications shall be processed by the office. 15 (g) Initial certification for a sales tax 16 reimbursement under this section is valid for 120 months. 17 Subsequent to the initial certification period, the certified 18 sports industry economic development project is eligible for 19 two periods of recertification, each of which is valid for 60 20 months. A project shall request recertification 12 months 21 before the expiration of the certificate. 22 (h) A certified sports industry economic development 23 project may request recertification after the initial 24 certification period to be requalified for certification as a 25 certified sports industry economic development project for a 26 period not to exceed 240 months. 27 (i) The Office of Tourism, Trade, and Economic 28 Development shall recertify, before the end of the first 29 10-year period, that the certified sports industry economic 30 development project is operational and that the project is 31 meeting the minimum projections for sales tax revenues as 15 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 required at the time of original certification. If the project 2 is not recertified during this 10-year review period as 3 meeting the minimum projections, funding shall be adjusted 4 until certification criteria are met. If the project fails to 5 generate annual sales tax revenues pursuant to its sales tax 6 reimbursement agreement with the Office of Tourism, Trade, and 7 Economic Development, the amount of revenues distributed to 8 the project under s. 212.20(6)(e)7.e. shall be reduced to the 9 amount of the taxes collected times 50 percent. If, for 2 10 consecutive years, the amount of tax revenues collected falls 11 below a minimum of $1 million per year, the project may be 12 decertified at the discretion of the Office of Tourism, Trade, 13 and Economic Development. Such a reduction shall remain in 14 effect until the sales tax revenues generated by the project 15 in a 12-month period equal or exceed $1 million. 16 (j) A project may be decertified if the Office of 17 Tourism, Trade, and Economic Development determines that the 18 amateur sports business can no longer maintain its economic 19 development activities in this state. If the project is no 20 longer in existence, or is no longer viable, as determined by 21 the project's sales tax reimbursement agreement with the 22 Office of Tourism, Trade, and Economic Development, or if the 23 project has the certificate for purposes other than those 24 authorized by this section and chapter 212, the Office of 25 Tourism, Trade, and Economic Development shall notify the 26 Department of Revenue to suspend payment for a period of 6 27 months until the project is either in compliance with the 28 sales tax reimbursement agreement or is determined to be in 29 default. In addition to other penalties imposed by law, any 30 person who knowingly and willfully falsifies an application 31 for purposes other than those authorized by this section 16 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 commits a felony of the third degree, punishable as provided 2 in s. 775.082, s. 775.083, or s. 775.084. 3 (k) The Office of Tourism, Trade, and Economic 4 Development shall provide written notification to the 5 Department of Revenue of all certifications, recertifications, 6 and decertifications of projects and of the sales tax 7 reimbursement distribution amount each project is entitled to 8 receive. 9 (l) The Office of Tourism, Trade, and Economic 10 Development shall develop rules for the receipt and processing 11 of applications for funding pursuant to s. 212.20. 12 (7) SALES TAX REIMBURSEMENT AGREEMENT TERMS.-- 13 (a) In order to qualify for sales tax reimbursement 14 from the state, each certified sports industry economic 15 development project shall enter into a written agreement with 16 the Office of Tourism, Trade, and Economic Development which 17 specifies, at a minimum: 18 1. The total number of full-time-equivalent jobs 19 created in or transferred to this state as a direct result of 20 the project, the average wage paid for those jobs, the 21 criteria that will apply to measuring the achievement of these 22 terms during the effective period of the agreement, and a time 23 schedule or plan for when such jobs will be in place and 24 operative in the state. 25 2. The maximum amount of new sales taxes estimated to 26 be generated as a result of the project, the maximum amount of 27 sales tax reimbursement that the project is eligible to 28 receive, and the maximum amount of sales tax reimbursement 29 that the project is requesting. 30 3. The budgets, financing, projections, and cost 31 estimates for the sports activities and projects for which 17 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 reimbursement is sought. 2 (b) Compliance with the terms and conditions of the 3 sales tax reimbursement agreement is a condition precedent for 4 receiving a sales tax reimbursement each year. The terms and 5 timeframe of the agreement shall be commensurate with the 6 duration of the certification period. Failure to comply with 7 the terms and conditions of the sales tax reimbursement 8 agreement shall result in an immediate review by the Office of 9 Tourism, Trade, and Economic Development of the activities of 10 the project. 11 (c) The sales tax reimbursement shall not exceed 50 12 percent of the total project costs, amortized over a period 13 not to exceed 20 years. 14 (d) Sales tax reimbursement may be provided through 15 direct payment or other means of payment to the certified 16 sports industry economic development project, as determined in 17 the sales tax reimbursement agreement with the approval of the 18 Department of Revenue. 19 (8) ADMINISTRATION.-- 20 (a) The Office of Tourism, Trade, and Economic 21 Development may verify information provided in any claim for 22 sales tax reimbursement under this section, including 23 information regarding employment and wage levels or the 24 payment of taxes under chapter 212 to the appropriate agency, 25 including the Department of Revenue, the Agency for Workforce 26 Innovation, or the appropriate local government or authority. 27 (b) To facilitate the process of monitoring and 28 auditing applications made under this program, the Office of 29 Tourism, Trade, and Economic Development may request 30 information necessary for determining a project's compliance 31 with this section from the Department of Revenue, the Agency 18 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 for Workforce Innovation, or any local government or 2 authority. These governmental entities shall provide 3 assistance in the areas within their scope of 4 responsibilities. 5 (c) The Department of Revenue may audit as provided in 6 s. 213.34 to verify that the distributions pursuant to this 7 section have been expended as required in this section. 8 (9) RELATIONSHIP OF SALES TAX REIMBURSEMENTS TO SPORTS 9 INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.--Beginning January 10 1, 2003, the Office of Tourism, Trade, and Economic 11 Development shall maintain records based on information 12 provided on taxpayer applications for certified sports 13 industry economic development projects that receive sales tax 14 reimbursements. These records shall include a statement of the 15 percentage of the overall new economic impact generated by 16 certified sports industry economic development projects and 17 the amount of funds annually reimbursed to such projects. In 18 addition, the Office of Tourism, Trade, and Economic 19 Development shall maintain data showing the annual growth in 20 Florida-based amateur sports industry businesses and the 21 number of persons employed and wages paid by such businesses. 22 The Office of Tourism, Trade, and Economic Development shall 23 report this information to the Legislature annually, no later 24 than December 1. 25 Section 5. Subsection (1) of section 288.1229, Florida 26 Statutes, is amended to read: 27 288.1229 Promotion and development of sports-related 28 industries and amateur athletics; direct-support organization; 29 powers and duties.-- 30 (1) The Office of Tourism, Trade, and Economic 31 Development may authorize a direct-support organization to 19 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 assist the office in: 2 (a) The promotion and development of the sports 3 industry and related industries for the purpose of improving 4 the economic presence of these industries in Florida. 5 (b) The promotion of amateur athletic participation 6 for the citizens of Florida and the promotion of Florida as a 7 host for national and international amateur athletic 8 competitions for the purpose of encouraging and increasing the 9 direct and ancillary economic benefits of amateur athletic 10 events and competitions. 11 (c) The attraction of amateur sports industry economic 12 development projects to this state for the purposes set forth 13 in paragraphs (a) and (b), as well as for the purposes of 14 increasing national and international media promotions and 15 attention, promoting the quality of life in the state, and 16 promoting tourism, which will have a positive effect on 17 expanding the tax base as well as creating new jobs in the 18 state. 19 20 (Redesignate subsequent sections.) 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 1, line 2, 26 27 after the semicolon insert: 28 amending s. 212.20, F.S.; providing for the 29 Department of Revenue to distribute sales tax 30 reimbursements to certified sports industry 31 economic development projects under certain 20 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 circumstances; amending s. 213.053, F.S.; 2 extending the current information sharing with 3 the Office of Tourism, Trade, and Economic 4 Development to include the sales tax 5 reimbursement program for certified sports 6 industry economic development projects; 7 creating s. 288.113, F.S.; creating a tax 8 reimbursement program for certified sports 9 industry economic development projects; 10 providing legislative findings and 11 declarations; providing definitions; providing 12 eligibility criteria for amateur sports 13 businesses; prescribing the terms and amounts 14 of tax reimbursements; providing a 15 certification procedure, to be established and 16 administered by the Office of Tourism, Trade, 17 and Economic Development; providing for 18 periodic recertification; abating or reducing 19 funding in specified circumstances; providing a 20 maximum number of years for which an amateur 21 sports business may be certified; providing for 22 decertification; providing a penalty for 23 falsifying an application; providing for a tax 24 reimbursement agreement and prescribing terms 25 of the agreement; providing for annual claims 26 for reimbursement; providing duties of the 27 Department of Revenue; providing for 28 administration of the program; providing for 29 recordkeeping and submission of an annual 30 report to the Legislature; amending s. 31 288.1229, F.S.; providing an additional purpose 21 7:50 PM 05/01/01 s0460c2c-07b03
SENATE AMENDMENT Bill No. CS for CS for SB 460 Amendment No. ___ Barcode 103596 1 for which the Office of Tourism, Trade, and 2 Economic Development may authorize a 3 direct-support organization to assist the 4 office; providing for the creation of new jobs 5 in this state; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 22 7:50 PM 05/01/01 s0460c2c-07b03