Senate Bill sb0650c1

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    Florida Senate - 2001                            CS for SB 650

    By the Committee on Commerce and Economic Opportunities; and
    Senator Garcia




    310-1468-01

  1                      A bill to be entitled

  2         An act relating to commercial development and

  3         capital improvements; amending s. 212.20, F.S.;

  4         providing for distribution of a portion of

  5         revenues from the tax on sales, use, and other

  6         transactions to a motorsports entertainment

  7         complex; creating s. 288.1170, F.S.; providing

  8         definitions; providing for certification of

  9         such facility by the Office of Tourism, Trade,

10         and Economic Development of the Executive

11         Office of the Governor; providing requirements

12         for certification; requiring specified notice;

13         providing for annual recertification; providing

14         for reduction of funding under certain

15         circumstances; providing for use of the funds

16         distributed to a motorsports entertainment

17         complex; providing for audits by the Department

18         of Revenue; providing an effective date.

19

20         WHEREAS, it is the finding of the Legislature that

21  Florida has long been the preeminent site in the nation for

22  motorsports racing, and

23         WHEREAS, motorsports racing has been a major tourist

24  attraction in Florida for nearly 100 years, and

25         WHEREAS, motorsports entertainment is the fastest

26  growing sports industry in the United States, and

27         WHEREAS, as a result of the increased popularity of

28  motorsports racing, many new motorsports facilities are being

29  constructed in other states, and

30         WHEREAS, to continue to attract spectators to

31  sanctioned championship motorsports events, the owner or

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    Florida Senate - 2001                            CS for SB 650
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  1  operator of a motorsports entertainment complex must build

  2  additional spectator seating and renovate existing facilities

  3  to improve the amenities available to spectators, and

  4         WHEREAS, attracting, retaining, and providing favorable

  5  conditions for conducting sanctioned championship motorsports

  6  events and the continued development of the motorsports

  7  entertainment industry in Florida provides skilled-employment

  8  opportunities for citizens of this state, and

  9         WHEREAS, continued development and improvement of

10  Florida's motorsports entertainment industry is vital to

11  Florida's tourism industry and to state revenues, and

12         WHEREAS, the motorsports entertainment industry is a

13  major contributor to Florida's economic development because of

14  the technology and service businesses that provide goods and

15  services to the industry, and

16         WHEREAS, the provisions of this act are necessary to

17  protect and strengthen Florida's motorsports entertainment

18  industry, and the purposes to be achieved by this act are

19  predominately public purposes vital to the protection and

20  improvement of Florida's economy, NOW, THEREFORE,

21

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

23

24         Section 1.  If section 35 of chapter 2000-260, Laws of

25  Florida, is repealed by section 58 of that chapter, paragraph

26  (e) of subsection (6) of section 212.20, Florida Statutes, is

27  amended to read:

28         212.20  Funds collected, disposition; additional powers

29  of department; operational expense; refund of taxes

30  adjudicated unconstitutionally collected.--

31

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    Florida Senate - 2001                            CS for SB 650
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  1         (6)  Distribution of all proceeds under this chapter

  2  shall be as follows:

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

  4  pursuant to this chapter shall be distributed as follows:

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

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

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

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

  9  deposited in monthly installments into the General Revenue

10  Fund.

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

12  the Solid Waste Management Trust Fund.

13         3.  After the distribution under subparagraphs 1. and

14  2., 9.653 percent of the amount remitted by a sales tax dealer

15  located within a participating county pursuant to s. 218.61

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

17  Tax Clearing Trust Fund.

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

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

20  Government Half-cent Sales Tax Clearing Trust Fund and

21  distributed pursuant to s. 218.65.

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

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

24  percent of the available proceeds pursuant to this paragraph

25  shall be transferred monthly to the Revenue Sharing Trust Fund

26  for Counties pursuant to s. 218.215.

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

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

29  1.0715 percent of the available proceeds pursuant to this

30  paragraph shall be transferred monthly to the Revenue Sharing

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

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    Florida Senate - 2001                            CS for SB 650
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  1  total revenue to be distributed pursuant to this subparagraph

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

  3  Sharing Trust Fund for Municipalities and the Municipal

  4  Financial Assistance Trust Fund in state fiscal year

  5  1999-2000, no municipality shall receive less than the amount

  6  due from the Revenue Sharing Trust Fund for Municipalities and

  7  the Municipal Financial Assistance Trust Fund in state fiscal

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

  9  less than the amount received in combination from the Revenue

10  Sharing Trust Fund for Municipalities and the Municipal

11  Financial Assistance Trust Fund in state fiscal year

12  1999-2000, each municipality shall receive an amount

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

14  1999-2000.

15         7.  Of the remaining proceeds:

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

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

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

19  part shall be distributed to each county.  The distribution

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

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

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

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

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

25  district school board, special district, or a municipal

26  government, such payment shall continue until such time that

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

28  covenants with holders of bonds or other instruments of

29  indebtedness issued by local governments, special districts,

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

31  not the intent of this subparagraph to adversely affect the

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    Florida Senate - 2001                            CS for SB 650
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  1  rights of those holders or relieve local governments, special

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

  3  obligations as a result of previous pledges or assignments or

  4  trusts entered into which obligated funds received from the

  5  distribution to county governments under then-existing s.

  6  550.135.  This distribution specifically is in lieu of funds

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

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

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

10  certified as a "facility for a new professional sports

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

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

13  distributed monthly by the department to each applicant that

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

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

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

17  all certified facilities for a retained spring training

18  franchise. Distributions shall begin 60 days following such

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

20  Nothing contained in this paragraph shall be construed to

21  allow an applicant certified pursuant to s. 288.1162 to

22  receive more in distributions than actually expended by the

23  applicant for the public purposes provided for in s.

24  288.1162(6). However, a certified applicant is entitled to

25  receive distributions up to the maximum amount allowable and

26  undistributed under this section for additional renovations

27  and improvements to the facility for the franchise without

28  additional certification.

29         c.  Beginning 30 days after notice by the Office of

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

31  Revenue that an applicant has been certified as the

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    Florida Senate - 2001                            CS for SB 650
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  1  professional golf hall of fame pursuant to s. 288.1168 and is

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

  3  up to 300 months, to the applicant.

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

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

  6  Revenue that the applicant has been certified as the

  7  International Game Fish Association World Center facility

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

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

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

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

12  $999,996 shall be made, after certification and before July 1,

13  2000.

14         e.  Beginning 30 days after notice by the Office of

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

16  Revenue that the applicant has been certified as a motorsports

17  entertainment complex pursuant to s. 288.1170 and is open to

18  the public, an amount not to exceed $83,333 shall be

19  distributed monthly, for up to 360 months, to the applicant

20  unless the Office of Tourism, Trade, and Economic Development

21  notifies the Department of Revenue that the applicant is no

22  longer a certified motorsports entertainment complex, in which

23  case the distributions will cease within 30 days after the

24  receipt of such notice. This distribution is subject to

25  reduction pursuant to s. 288.1170.

26         8.  All other proceeds shall remain with the General

27  Revenue Fund.

28         Section 2.  If section 35 of chapter 2000-260, Laws of

29  Florida, is not repealed by section 58 of that chapter,

30  paragraph (e) of subsection (6) of section 212.20, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2001                            CS for SB 650
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  1         212.20  Funds collected, disposition; additional powers

  2  of department; operational expense; refund of taxes

  3  adjudicated unconstitutionally collected.--

  4         (6)  Distribution of all proceeds under this chapter

  5  and s. 202.18(1)(b) and (2)(b) shall be as follows:

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

  7  pursuant to this chapter or remitted pursuant to s.

  8  202.18(1)(b) and (2)(b) shall be distributed as follows:

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

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

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

12  other taxes and fees imposed pursuant to this chapter or

13  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

14  deposited in monthly installments into the General Revenue

15  Fund.

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

17  the Solid Waste Management Trust Fund.

18         3.  After the distribution under subparagraphs 1. and

19  2., 9.653 percent of the amount remitted by a sales tax dealer

20  located within a participating county pursuant to s. 218.61

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

22  Tax Clearing Trust Fund.

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

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

25  Government Half-cent Sales Tax Clearing Trust Fund and

26  distributed pursuant to s. 218.65.

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

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

29  percent of the available proceeds pursuant to this paragraph

30  shall be transferred monthly to the Revenue Sharing Trust Fund

31  for Counties pursuant to s. 218.215.

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    Florida Senate - 2001                            CS for SB 650
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  1         6.  For proceeds received after July 1, 2000, and after

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

  3  1.0715 percent of the available proceeds pursuant to this

  4  paragraph shall be transferred monthly to the Revenue Sharing

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

  6  total revenue to be distributed pursuant to this subparagraph

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

  8  Sharing Trust Fund for Municipalities and the Municipal

  9  Financial Assistance Trust Fund in state fiscal year

10  1999-2000, no municipality shall receive less than the amount

11  due from the Revenue Sharing Trust Fund for Municipalities and

12  the Municipal Financial Assistance Trust Fund in state fiscal

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

14  less than the amount received in combination from the Revenue

15  Sharing Trust Fund for Municipalities and the Municipal

16  Financial Assistance Trust Fund in state fiscal year

17  1999-2000, each municipality shall receive an amount

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

19  1999-2000.

20         7.  Of the remaining proceeds:

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

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

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

24  part shall be distributed to each county.  The distribution

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

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

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

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

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

30  district school board, special district, or a municipal

31  government, such payment shall continue until such time that

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    Florida Senate - 2001                            CS for SB 650
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  1  the local or special law is amended or repealed.  The state

  2  covenants with holders of bonds or other instruments of

  3  indebtedness issued by local governments, special districts,

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

  5  not the intent of this subparagraph to adversely affect the

  6  rights of those holders or relieve local governments, special

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

  8  obligations as a result of previous pledges or assignments or

  9  trusts entered into which obligated funds received from the

10  distribution to county governments under then-existing s.

11  550.135.  This distribution specifically is in lieu of funds

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

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

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

15  certified as a "facility for a new professional sports

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

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

18  distributed monthly by the department to each applicant that

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

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

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

22  all certified facilities for a retained spring training

23  franchise. Distributions shall begin 60 days following such

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

25  Nothing contained in this paragraph shall be construed to

26  allow an applicant certified pursuant to s. 288.1162 to

27  receive more in distributions than actually expended by the

28  applicant for the public purposes provided for in s.

29  288.1162(6). However, a certified applicant is entitled to

30  receive distributions up to the maximum amount allowable and

31  undistributed under this section for additional renovations

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    Florida Senate - 2001                            CS for SB 650
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  1  and improvements to the facility for the franchise without

  2  additional certification.

  3         c.  Beginning 30 days after notice by the Office of

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

  5  Revenue that an applicant has been certified as the

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

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

  8  up to 300 months, to the applicant.

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

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

11  Revenue that the applicant has been certified as the

12  International Game Fish Association World Center facility

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

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

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

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

17  $999,996 shall be made, after certification and before July 1,

18  2000.

19         e.  Beginning 30 days after notice by the Office of

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

21  Revenue that the applicant has been certified as a motorsports

22  entertainment complex pursuant to s. 288.1170 and is open to

23  the public, an amount not to exceed $83,333 shall be

24  distributed monthly, for up to 360 months, to the applicant

25  unless the Office of Tourism, Trade, and Economic Development

26  notifies the Department of Revenue that the applicant is no

27  longer a certified motorsports entertainment complex, in which

28  case the distributions will cease within 30 days after the

29  receipt of such notice. This distribution is subject to

30  reduction pursuant to s. 288.1170.

31

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    Florida Senate - 2001                            CS for SB 650
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  1         8.  All other proceeds shall remain with the General

  2  Revenue Fund.

  3         Section 3.  Section 288.1170, Florida Statutes, is

  4  created to read:

  5         288.1170  Motorsports entertainment complex;

  6  definitions; certification; duties.--

  7         (1)  As used in this section, the term:

  8         (a)  "Applicant" means the owner of a motorsports

  9  entertainment complex.

10         (b)  "Motorsports entertainment complex" means a

11  closed-course racing facility, with ancillary grounds and

12  facilities, which:

13         1.  Has not fewer than 70,000 permanent seats for race

14  patrons.

15         2.  Has not fewer than 7 scheduled days of motorsports

16  events each calendar year.

17         3.  Has paid admissions of more than 200,000 annually.

18         4.  Serves food at the facility during sanctioned

19  motorsports races.

20         5.  Engages in tourism promotion.

21         (c)  "Motorsports event" means a motorsports race and

22  its ancillary activities, which have been sanctioned by a

23  sanctioning body.

24         (d)  "Office" means the Office of Tourism, Trade, and

25  Economic Development of the Executive Office of the Governor.

26         (e)  "Owner" means a person who owns or operates a

27  motorsports entertainment complex, or a person who leases a

28  motorsports entertainment complex or the land on which a

29  motorsports entertainment complex is located from the Federal

30  Government, the state, or a county, municipality, or special

31  district, and operates the motorsports entertainment complex.

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  1         (f)  "Sanctioning body" means the American Motorcycle

  2  Association (AMA), Championship Auto Racing Teams (CART),

  3  Grand American Road Racing Association (Grand Am), Indy Racing

  4  League (IRL), National Association for Stock Car Auto Racing

  5  (NASCAR), National Hot Rod Association (NHRA), Professional

  6  Sportscar Racing (PSR), Sports Car Club of America (SCCA),

  7  United States Auto Club (USAC), or any successor organization,

  8  or any other nationally recognized governing body of

  9  motorsports that establishes an annual schedule of motorsports

10  events and grants rights to conduct such events, has

11  established and administers rules and regulations governing

12  all participants involved in such events and all persons

13  conducting such events, and requires certain liability

14  assurances, including insurance.

15         (g)  "Unit of local government" has the meaning

16  ascribed in s. 218.369.

17         (2)  The Office of Tourism, Trade, and Economic

18  Development shall serve as the state agency for screening

19  applicants for state funding pursuant to s. 212.20 and for

20  certifying an applicant as a motorsports entertainment

21  complex. The office shall develop and adopt rules for the

22  receipt and processing of applications for funding pursuant to

23  s. 212.20.  The office shall make a determination regarding

24  any application filed by an applicant not later than 120 days

25  after the application is filed.

26         (3)  Prior to certifying an applicant as a motorsports

27  entertainment complex, the office must determine that:

28         (a)  A unit of local government holds title to the land

29  on which the motorsports entertainment complex is located,

30  holds title to the motorsports entertainment complex, or is

31

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  1  responsible for the construction, management, and operation of

  2  the motorsports entertainment complex.

  3         (b)  Seven scheduled days of motorsports events were

  4  held at the motorsports entertainment complex in the most

  5  recently completed calendar year or seven scheduled days of

  6  motorsports events are scheduled to be held at the motorsports

  7  entertainment complex in the calendar year which begins after

  8  the submission of the application.  The applicant shall submit

  9  certifications from the appropriate officials of the relevant

10  sanctioning bodies that such sanctioned motorsports events

11  were or will be held at the motorsports entertainment complex.

12         (c)  The applicant has an independent analysis or

13  study, verified by the office, which demonstrates that the

14  motorsports entertainment complex will attract, or in the most

15  recently completed calendar year has attracted, paid

16  attendance of more than 200,000 annually.

17         (d)  The applicant has an independent analysis or

18  study, verified by the office, which demonstrates that the

19  amount of the revenues generated by the taxes imposed under

20  chapter 212 with respect to the use and operation of the

21  motorsports entertainment complex will equal or exceed $1

22  million annually.

23         (e)  The municipality in which the motorsports

24  entertainment complex is located, or the county if the

25  motorsports entertainment complex is located in an

26  unincorporated area, has certified by resolution after a

27  public hearing that the application serves a public purpose.

28         (f)  The motorsports entertainment complex is located

29  in a county defined in s. 125.011(1).

30         (g)  The applicant has demonstrated that it is capable

31  of providing, or has financial or other commitments to

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  1  provide, more than one-half of the costs that will be incurred

  2  after certification under this section for the improvement and

  3  development or continued improvement and development of the

  4  motorsports entertainment complex which will enable the

  5  motorsports entertainment complex to retain or add motorsports

  6  events sanctioned by a sanctioning body.

  7         (4)  Upon determining that an applicant meets the

  8  requirements of subsection (3), the office shall notify the

  9  applicant and the executive director of the Department of

10  Revenue of such certification by means of an official letter

11  granting certification.  If the applicant fails to meet the

12  certification requirements of subsection (3), the office shall

13  notify the applicant not later than 10 days following such

14  determination.

15         (5)  The office must recertify each year that the

16  motorsports entertainment complex continues to generate $1

17  million of sales tax revenues annually as required pursuant to

18  paragraph (3)(d). If the motorsports entertainment complex

19  fails to generate $1 million of sales tax revenues annually as

20  required pursuant to paragraph (3)(d), the distribution of

21  revenues pursuant to s. 212.20(6)(e)7.e. shall be reduced to

22  an amount equal to $83,333 multiplied by a fraction, the

23  numerator of which is the actual revenues generated and the

24  denominator of which is $1 million. Such reduction shall

25  remain in effect until revenues generated by the motorsports

26  entertainment complex in a consecutive 12-month period equal

27  or exceed $1 million. The office must notify the Department of

28  Revenue if it determines that the motorsports entertainment

29  complex is no longer certified to receive distributions

30  pursuant to s. 212.20 or if the amount of such distributions

31  is to be adjusted.

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  1         (6)  No motorsports entertainment complex which has

  2  been previously certified under this section and has received

  3  funding under such certification shall be eligible for any

  4  additional certification.

  5         (7)  An applicant certified as a motorsports

  6  entertainment complex may use funds provided pursuant to s.

  7  212.20 only for the following public purposes:

  8         (a)  Paying for the construction, reconstruction,

  9  expansion, or renovation of a motorsports entertainment

10  complex.

11         (b)  Paying debt service reserve funds, arbitrage

12  rebate obligations, or other amounts payable with respect to

13  bonds issued for the construction, reconstruction, expansion,

14  or renovation of the motorsports entertainment complex or for

15  the reimbursement of such costs or the refinancing of bonds

16  issued for such purposes.

17         (c)  Paying for construction, reconstruction,

18  expansion, or renovation of transportation or other

19  infrastructure improvements related to, necessary for, or

20  appurtenant to the motorsports entertainment complex,

21  including, without limitation, paying debt service reserve

22  funds, arbitrage rebate obligations, or other amounts payable

23  with respect to bonds issued for the construction,

24  reconstruction, expansion, or renovation of such

25  transportation or other infrastructure improvements, and for

26  the reimbursement of such costs or the refinancing of bonds

27  issued for such purposes.

28         (d)  Paying for programs of advertising and promotion

29  of or related to the motorsports entertainment complex or the

30  municipality in which the motorsports entertainment complex is

31  located, or the county if the motorsports entertainment

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  1  complex is located in an unincorporated area, provided such

  2  programs of advertising and promotion are designed to increase

  3  paid attendance at the motorsports entertainment complex or

  4  increase tourism in or promote the economic development of the

  5  community in which the motorsports entertainment complex is

  6  located.

  7         (8)  The Department of Revenue may audit, as provided

  8  in s. 213.34, to verify that the distributions pursuant to

  9  this section have been expended as required in this section.

10  Such information is subject to the confidentiality

11  requirements of chapter 213.  If the Department of Revenue

12  determines that the distributions pursuant to this section

13  have not been expended as required by this section, it may

14  pursue recovery of such funds pursuant to the laws and rules

15  governing the assessment of taxes.

16         Section 4.  This act shall take effect October 1, 2001.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 650

  3

  4  The Committee Substitute makes the following changes to SB
    650:
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    1)    Reduces the maximum monthly distribution to a certified
  6        applicant from $166,667 to $83,333, unless the Office of
          Tourism, Trade, and Economic Development (OTTED)
  7        notifies the Department of Revenue that the applicant is
          no longer certified, in which case distributions will
  8        cease.

  9  2)    Provides that the monthly distribution to a certified
          applicant is subject to reduction pursuant to s.
10        288.1170, F.S.

11  3)    Adds language to require that, prior to certification,
          an applicant have an independent analysis or study which
12        demonstrates that the amount of sales tax revenues
          generated by a motorsports entertainment complex will
13        equal or exceed $1 million annually.

14  4)    Adds language to require that, prior to certification,
          an applicant demonstrate that it is capable of providing
15        one-half of the costs incurred for capital improvements
          to the motorsports entertainment complex for adding or
16        retaining events.

17  5)    Adds language to provide that OTTED must recertify
          annually that a certified complex generates $1 million
18        in sales tax revenues and that, if the complex fails to
          do so, the distribution of revenues will be reduced
19        until revenues generated by the complex equal or exceed
          $1 million for a consecutive 12-month period.
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    6)    Adds language to provide that OTTED must notify the
21        Department of Revenue if it determines that a
          motorsports entertainment complex is no longer certified
22        to receive distributions or if the distribution amount
          is to be adjusted.
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    7)    Changes the effective date from July 1, 2001, to October
24        1, 2001.

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