| 1 | A bill to be entitled |
| 2 | An act relating to economic development incentives; |
| 3 | amending s. 212.20, F.S.; revising a limitation on monthly |
| 4 | aggregate distributions to certified facilities for a |
| 5 | retained spring training franchise; deleting provisions |
| 6 | with respect to the entitlement of certified applicants to |
| 7 | receive distributions for additional renovations and |
| 8 | improvements to a facility without additional |
| 9 | certification; providing for distribution of a portion of |
| 10 | revenues from the tax on sales, use, and other |
| 11 | transactions to a NASCAR Hall of Fame facility; providing |
| 12 | for distribution of a portion of revenues from the tax on |
| 13 | sales, use, and other transactions to specified units of |
| 14 | local government owning eligible convention centers; |
| 15 | providing limitations; requiring the Department of Revenue |
| 16 | to prescribe certain forms; specifying uses of certain |
| 17 | distributions; providing for future repeal; amending s. |
| 18 | 288.1162, F.S.; requiring a verified copy of a binding |
| 19 | agreement for payment of cost overruns as prerequisite for |
| 20 | certification under certain circumstances; providing |
| 21 | procedures for certification of additional facilities for |
| 22 | a retained spring training franchise; providing for |
| 23 | application and selection; establishing a maximum number |
| 24 | of certifications and funding; providing evaluation |
| 25 | criteria; clarifying the number of certifications of |
| 26 | facilities for retained spring training franchises; |
| 27 | specifying criteria certification for the remaining |
| 28 | available certification slot; providing for future repeal; |
| 29 | increasing the number of facilities certified by the |
| 30 | Office of Tourism, Trade, and Economic Development as |
| 31 | facilities for a new professional sports franchise or as |
| 32 | facilities for a retained professional sports franchise; |
| 33 | providing an additional exception to disqualification for |
| 34 | certification of an applicant when the franchise formed |
| 35 | the basis of a previous certification; providing that |
| 36 | payments to a certified applicant may not extend beyond |
| 37 | the period for which the original certification was |
| 38 | issued; specifying the date on which an applicant |
| 39 | certified after the effective date of the act may receive |
| 40 | disbursements; creating s. 288.1170, F.S.; specifying the |
| 41 | Office of Tourism, Trade, and Economic Development as the |
| 42 | state entity for screening NASCAR Hall of Fame facility |
| 43 | applicants; providing for certification of such facility |
| 44 | by the office; providing requirements for certification |
| 45 | and operation of the facility; providing for distribution |
| 46 | of funds; authorizing certain uses of funds distributed to |
| 47 | the facility; providing procedural requirements for the |
| 48 | office; limiting distribution of funds by the Department |
| 49 | of Revenue; providing for audits by the department; |
| 50 | providing for periodic recertification by the office; |
| 51 | providing requirements; creating s. 288.1171, F.S.; |
| 52 | providing for certification of units of local government |
| 53 | owning eligible convention centers by the Office of |
| 54 | Tourism, Trade, and Economic Development; requiring the |
| 55 | office to adopt specified rules; providing a definition; |
| 56 | providing requirements for certification; providing for |
| 57 | use of proceeds distributed to units of local government |
| 58 | under the act; providing for audits by the Auditor |
| 59 | General; authorizing the Auditor General to pursue |
| 60 | recovery of certain proceeds; barring certain local |
| 61 | governments from receiving future distributions under |
| 62 | certain circumstances; providing for revocation of |
| 63 | certification; providing for future repeal; amending s. |
| 64 | 320.08056, F.S.; providing for a NASCAR license plate fee; |
| 65 | amending s. 320.08058, F.S.; providing for a NASCAR |
| 66 | license plate; providing for a use fee; directing the |
| 67 | Department of Highway Safety and Motor Vehicles to develop |
| 68 | a NASCAR license plate; providing for the distribution and |
| 69 | use of fees; providing contingent authorization to develop |
| 70 | the tag; providing for an alternative deposit of certain |
| 71 | license plate funds until certification of a NASCAR Hall |
| 72 | of Fame; providing for alternative uses of such funds |
| 73 | without certification; providing effective dates. |
| 74 |
|
| 75 | Be It Enacted by the Legislature of the State of Florida: |
| 76 |
|
| 77 | Section 1. Paragraph (d) of subsection (6) of section |
| 78 | 212.20, Florida Statutes, is amended to read: |
| 79 | 212.20 Funds collected, disposition; additional powers of |
| 80 | department; operational expense; refund of taxes adjudicated |
| 81 | unconstitutionally collected.-- |
| 82 | (6) Distribution of all proceeds under this chapter and s. |
| 83 | 202.18(1)(b) and (2)(b) shall be as follows: |
| 84 | (d) The proceeds of all other taxes and fees imposed |
| 85 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
| 86 | and (2)(b) shall be distributed as follows: |
| 87 | 1. In any fiscal year, the greater of $500 million, minus |
| 88 | an amount equal to 4.6 percent of the proceeds of the taxes |
| 89 | collected pursuant to chapter 201, or 5 percent of all other |
| 90 | taxes and fees imposed pursuant to this chapter or remitted |
| 91 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
| 92 | monthly installments into the General Revenue Fund. |
| 93 | 2. Two-tenths of one percent shall be transferred to the |
| 94 | Ecosystem Management and Restoration Trust Fund to be used for |
| 95 | water quality improvement and water restoration projects. |
| 96 | 3. After the distribution under subparagraphs 1. and 2., |
| 97 | 8.814 percent of the amount remitted by a sales tax dealer |
| 98 | located within a participating county pursuant to s. 218.61 |
| 99 | shall be transferred into the Local Government Half-cent Sales |
| 100 | Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to |
| 101 | be transferred pursuant to this subparagraph to the Local |
| 102 | Government Half-cent Sales Tax Clearing Trust Fund shall be |
| 103 | reduced by 0.1 percent, and the department shall distribute this |
| 104 | amount to the Public Employees Relations Commission Trust Fund |
| 105 | less $5,000 each month, which shall be added to the amount |
| 106 | calculated in subparagraph 4. and distributed accordingly. |
| 107 | 4. After the distribution under subparagraphs 1., 2., and |
| 108 | 3., 0.095 percent shall be transferred to the Local Government |
| 109 | Half-cent Sales Tax Clearing Trust Fund and distributed pursuant |
| 110 | to s. 218.65. |
| 111 | 5. After the distributions under subparagraphs 1., 2., 3., |
| 112 | and 4., 2.0440 percent of the available proceeds pursuant to |
| 113 | this paragraph shall be transferred monthly to the Revenue |
| 114 | Sharing Trust Fund for Counties pursuant to s. 218.215. |
| 115 | 6. After the distributions under subparagraphs 1., 2., 3., |
| 116 | and 4., 1.3409 percent of the available proceeds pursuant to |
| 117 | this paragraph shall be transferred monthly to the Revenue |
| 118 | Sharing Trust Fund for Municipalities pursuant to s. 218.215. If |
| 119 | the total revenue to be distributed pursuant to this |
| 120 | subparagraph is at least as great as the amount due from the |
| 121 | Revenue Sharing Trust Fund for Municipalities and the former |
| 122 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 123 | 1999-2000, no municipality shall receive less than the amount |
| 124 | due from the Revenue Sharing Trust Fund for Municipalities and |
| 125 | the former Municipal Financial Assistance Trust Fund in state |
| 126 | fiscal year 1999-2000. If the total proceeds to be distributed |
| 127 | are less than the amount received in combination from the |
| 128 | Revenue Sharing Trust Fund for Municipalities and the former |
| 129 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 130 | 1999-2000, each municipality shall receive an amount |
| 131 | proportionate to the amount it was due in state fiscal year |
| 132 | 1999-2000. |
| 133 | 7. Of the remaining proceeds: |
| 134 | a. In each fiscal year, the sum of $29,915,500 shall be |
| 135 | divided into as many equal parts as there are counties in the |
| 136 | state, and one part shall be distributed to each county. The |
| 137 | distribution among the several counties shall begin each fiscal |
| 138 | year on or before January 5th and shall continue monthly for a |
| 139 | total of 4 months. If a local or special law required that any |
| 140 | moneys accruing to a county in fiscal year 1999-2000 under the |
| 141 | then-existing provisions of s. 550.135 be paid directly to the |
| 142 | district school board, special district, or a municipal |
| 143 | government, such payment shall continue until such time that the |
| 144 | local or special law is amended or repealed. The state covenants |
| 145 | with holders of bonds or other instruments of indebtedness |
| 146 | issued by local governments, special districts, or district |
| 147 | school boards prior to July 1, 2000, that it is not the intent |
| 148 | of this subparagraph to adversely affect the rights of those |
| 149 | holders or relieve local governments, special districts, or |
| 150 | district school boards of the duty to meet their obligations as |
| 151 | a result of previous pledges or assignments or trusts entered |
| 152 | into which obligated funds received from the distribution to |
| 153 | county governments under then-existing s. 550.135. This |
| 154 | distribution specifically is in lieu of funds distributed under |
| 155 | s. 550.135 prior to July 1, 2000. |
| 156 | b. The department shall distribute $166,667 monthly |
| 157 | pursuant to s. 288.1162 to each applicant that has been |
| 158 | certified as a "facility for a new professional sports |
| 159 | franchise" or a "facility for a retained professional sports |
| 160 | franchise" pursuant to s. 288.1162. Up to $41,667 shall be |
| 161 | distributed monthly by the department to each applicant that has |
| 162 | been certified as a "facility for a retained spring training |
| 163 | franchise" pursuant to s. 288.1162; however, not more than |
| 164 | $375,000 $208,335 may be distributed monthly in the aggregate to |
| 165 | all certified facilities for a retained spring training |
| 166 | franchise. Distributions shall begin 60 days following such |
| 167 | certification and shall continue for not more than 30 years. |
| 168 | Nothing contained in this paragraph shall be construed to allow |
| 169 | an applicant certified pursuant to s. 288.1162 to receive more |
| 170 | in distributions than actually expended by the applicant for the |
| 171 | public purposes provided for in s. 288.1162(6). However, a |
| 172 | certified applicant is entitled to receive distributions up to |
| 173 | the maximum amount allowable and undistributed under this |
| 174 | section for additional renovations and improvements to the |
| 175 | facility for the franchise without additional certification. |
| 176 | c. Beginning 30 days after notice by the Office of |
| 177 | Tourism, Trade, and Economic Development to the Department of |
| 178 | Revenue that an applicant has been certified as the professional |
| 179 | golf hall of fame pursuant to s. 288.1168 and is open to the |
| 180 | public, $166,667 shall be distributed monthly, for up to 300 |
| 181 | months, to the applicant. |
| 182 | d. Beginning 30 days after notice by the Office of |
| 183 | Tourism, Trade, and Economic Development to the Department of |
| 184 | Revenue that the applicant has been certified as the |
| 185 | International Game Fish Association World Center facility |
| 186 | pursuant to s. 288.1169, and the facility is open to the public, |
| 187 | $83,333 shall be distributed monthly, for up to 168 months, to |
| 188 | the applicant. This distribution is subject to reduction |
| 189 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall be |
| 190 | made, after certification and before July 1, 2000. |
| 191 | e. Beginning 30 days after notice by the Office of |
| 192 | Tourism, Trade, and Economic Development to the Department of |
| 193 | Revenue that an applicant has been certified as the NASCAR Hall |
| 194 | of Fame facility pursuant to s. 288.1170 and is open to the |
| 195 | public, $100,000 shall be distributed monthly, for up to 300 |
| 196 | months, to the applicant. |
| 197 | f. The department shall distribute monthly to units of |
| 198 | local government that have been certified as owning eligible |
| 199 | convention centers pursuant to s. 288.1171 an amount equal to 50 |
| 200 | percent of the proceeds, as defined in this sub-subparagraph, |
| 201 | received and collected in the previous month by the department |
| 202 | under the provisions of this chapter which are generated by such |
| 203 | eligible convention centers and remitted on the sales and use |
| 204 | tax returns of eligible convention centers. Proceeds, for this |
| 205 | sub-subparagraph, are limited to all applicable sales taxes |
| 206 | collected by an eligible convention center for standard services |
| 207 | provided by center staff to users of the center, which include |
| 208 | the following: parking, admission, and ticket sales, food |
| 209 | services, utilities services, space rentals, equipment rentals, |
| 210 | security services, decorating services, business services, |
| 211 | advertising services, communications services, exhibit supply |
| 212 | sales and rentals, locksmith services, and sales of gifts and |
| 213 | sundries. The total distribution to each unit of local |
| 214 | government shall not exceed $1 million per state fiscal year. |
| 215 | However, total distributions to all units of local government |
| 216 | shall not exceed $5 million per state fiscal year, and such |
| 217 | distribution shall be limited exclusively to the taxes collected |
| 218 | and remitted under the provisions of this chapter. If |
| 219 | collections and remittances of eligible convention centers |
| 220 | exceed the $5-million maximum amount authorized for |
| 221 | distribution, the department shall distribute proceeds to each |
| 222 | eligible unit of local government using an apportionment factor, |
| 223 | the numerator of which is the amount remitted by an eligible |
| 224 | convention center and the denominator is the total amount |
| 225 | remitted by all eligible convention centers. The apportionment |
| 226 | factor for each eligible convention center shall be applied to |
| 227 | the $5-million maximum amount authorized for distribution to |
| 228 | determine the amount that shall be distributed to each local |
| 229 | government unit. The department shall prescribe forms required |
| 230 | to be filed with the department by eligible convention centers. |
| 231 | Distributions shall begin 60 days following notification of |
| 232 | certification by the Office of Tourism, Trade, and Economic |
| 233 | Development pursuant to s. 288.1171. Distributions shall be used |
| 234 | solely to encourage and provide economic development for the |
| 235 | attraction, recruitment, and retention of corporate headquarters |
| 236 | and of high-technology, manufacturing, research and development, |
| 237 | entertainment, and tourism industries as designated by the unit |
| 238 | of local government by resolution of its governing body, and to |
| 239 | assist the eligible convention centers to attract more business |
| 240 | and expand their offerings, including developing their own |
| 241 | events and shows. This sub-subparagraph is repealed effective |
| 242 | June 30, 2008. |
| 243 | 8. All other proceeds shall remain with the General |
| 244 | Revenue Fund. |
| 245 | Section 2. Paragraph (h) is added to subsection (4) of |
| 246 | section 288.1162, Florida Statutes, and paragraph (c) of |
| 247 | subsection (5) and subsections (7) and (9) are amended, to read: |
| 248 | 288.1162 Professional sports franchises; spring training |
| 249 | franchises; duties.-- |
| 250 | (4) Prior to certifying an applicant as a "facility for a |
| 251 | new professional sports franchise" or a "facility for a retained |
| 252 | professional sports franchise," the Office of Tourism, Trade, |
| 253 | and Economic Development must determine that: |
| 254 | (h) The applicant for a facility for a new professional |
| 255 | sports franchise has a verified copy of a binding agreement with |
| 256 | the new professional sports franchise that requires the |
| 257 | franchise to pay for any cost overrun when the franchise was |
| 258 | used as the basis for the original certification of the |
| 259 | applicant described in paragraph (9)(a) and is the basis for the |
| 260 | current certification request. |
| 261 | (5) |
| 262 | (c)1. The Office of Tourism, Trade, and Economic |
| 263 | Development shall competitively evaluate applications for |
| 264 | funding of a facility for a retained spring training franchise. |
| 265 | Applications must be submitted by October 1, 2000, with |
| 266 | certifications to be made by January 1, 2001. If the number of |
| 267 | applicants exceeds five and the aggregate funding request of all |
| 268 | applications exceeds $208,335 per month, the office shall rank |
| 269 | the applications according to a selection criteria, certifying |
| 270 | the highest ranked proposals. The evaluation criteria shall |
| 271 | include, with priority given in descending order to the |
| 272 | following items: |
| 273 | a.1. The intended use of the funds by the applicant, with |
| 274 | priority given to the construction of a new facility. |
| 275 | b.2. The length of time that the existing franchise has |
| 276 | been located in the state, with priority given to retaining |
| 277 | franchises that have been in the same location the longest. |
| 278 | c.3. The length of time that a facility to be used by a |
| 279 | retained spring training franchise has been used by one or more |
| 280 | spring training franchises, with priority given to a facility |
| 281 | that has been in continuous use as a facility for spring |
| 282 | training the longest. |
| 283 | d.4. For those teams leasing a spring training facility |
| 284 | from a unit of local government, the remaining time on the lease |
| 285 | for facilities used by the spring training franchise, with |
| 286 | priority given to the shortest time period remaining on the |
| 287 | lease. |
| 288 | e.5. The duration of the future-use agreement with the |
| 289 | retained spring training franchise, with priority given to the |
| 290 | future-use agreement having the longest duration. |
| 291 | f.6. The amount of the local match, with priority given to |
| 292 | the largest percentage of local match proposed. |
| 293 | g.7. The net increase of total active recreation space |
| 294 | owned by the applying unit of local government following the |
| 295 | acquisition of land for the spring training facility, with |
| 296 | priority given to the largest percentage increase of total |
| 297 | active recreation space. |
| 298 | h.8. The location of the facility in a brownfield, an |
| 299 | enterprise zone, a community redevelopment area, or other area |
| 300 | of targeted development or revitalization included in an Urban |
| 301 | Infill Redevelopment Plan, with priority given to facilities |
| 302 | located in these areas. |
| 303 | i.9. The projections on paid attendance attracted by the |
| 304 | facility and the proposed effect on the economy of the local |
| 305 | community, with priority given to the highest projected paid |
| 306 | attendance. |
| 307 | 2. Beginning July 1, 2005, the Office of Tourism, Trade, |
| 308 | and Economic Development shall competitively evaluate |
| 309 | applications for funding of facilities for retained spring |
| 310 | training franchises in addition to those certified and funded |
| 311 | under subparagraph 1. Applications must be submitted by October |
| 312 | 1, 2005, with certifications to be made by January 1, 2006. The |
| 313 | office shall rank the applications according to selection |
| 314 | criteria, certifying no more than four proposals. The aggregate |
| 315 | funding request of all applicants certified shall not exceed |
| 316 | $166,668 per month. The evaluation criteria shall include the |
| 317 | following, with priority given in descending order: |
| 318 | a. The intended use of the funds by the applicant for |
| 319 | acquisition or construction of a new facility. |
| 320 | b. The intended use of the funds by the applicant to |
| 321 | renovate a facility. |
| 322 | c. The length of time that a facility to be used by a |
| 323 | retained spring training franchise has been used by one or more |
| 324 | spring training franchises, with priority given to a facility |
| 325 | that has been in continuous use as a facility for spring |
| 326 | training the longest. |
| 327 | d. For those teams leasing a spring training facility from |
| 328 | a unit of local government, the remaining time on the lease for |
| 329 | facilities used by the spring training franchise, with priority |
| 330 | given to the shortest time period remaining on the lease. For |
| 331 | consideration under this subparagraph, the remaining time on the |
| 332 | lease shall not exceed 4 years. |
| 333 | e. The duration of the future-use agreement with the |
| 334 | retained spring training franchise, with priority given to the |
| 335 | future-use agreement having the longest duration. |
| 336 | f. The amount of the local match, with priority given to |
| 337 | the largest percentage of local match proposed. |
| 338 | g. The net increase of total active recreation space owned |
| 339 | by the applying unit of local government following the |
| 340 | acquisition of land for the spring training facility, with |
| 341 | priority given to the largest percentage increase of total |
| 342 | active recreation space. |
| 343 | h. The location of the facility in a brownfield area, an |
| 344 | enterprise zone, a community redevelopment area, or another area |
| 345 | of targeted development or revitalization included in an urban |
| 346 | infill redevelopment plan, with priority given to facilities |
| 347 | located in those areas. |
| 348 | i. The projections on paid attendance attracted by the |
| 349 | facility and the proposed effect on the economy of the local |
| 350 | community, with priority given to the highest projected paid |
| 351 | attendance. |
| 352 |
|
| 353 | Notwithstanding the provisions of this paragraph, any applicant |
| 354 | with an agreement for a retained spring training franchise for |
| 355 | 15 or more years that is entered into between July 1, 2003, and |
| 356 | July 1, 2004, shall be eligible for funding and should be |
| 357 | considered as a future use agreement pursuant to this paragraph. |
| 358 | (7)(a) The Office of Tourism, Trade, and Economic |
| 359 | Development shall notify the Department of Revenue of any |
| 360 | facility certified as a facility for a new professional sports |
| 361 | franchise or a facility for a retained professional sports |
| 362 | franchise or as a facility for a retained spring training |
| 363 | franchise. The Office of Tourism, Trade, and Economic |
| 364 | Development shall certify no more than nine eight facilities as |
| 365 | facilities for a new professional sports franchise or as |
| 366 | facilities for a retained professional sports franchise and |
| 367 | shall certify at least five as facilities for retained spring |
| 368 | training franchises, including in such total any facilities |
| 369 | certified by the Department of Commerce before July 1, 1996. The |
| 370 | number of certifications of facilities for retained spring |
| 371 | training franchises shall be pursuant to subsection (5). The |
| 372 | office may make no more than one certification for any facility. |
| 373 | The office may not certify funding for less than the requested |
| 374 | amount to any applicant certified as a facility for a retained |
| 375 | spring training franchise. |
| 376 | (b) Certification of an applicant under this section for |
| 377 | the eighth certification for a facility for a new professional |
| 378 | sports franchise or for a facility for a retained professional |
| 379 | sports franchise shall be for an applicant for which the |
| 380 | franchise that serves as the basis of the certification is a |
| 381 | member of the National Basketball Association, has been located |
| 382 | within the state since 1987, and has not been previously |
| 383 | certified. This paragraph is repealed July 1, 2010. |
| 384 | (9)(a) An applicant is not qualified for certification |
| 385 | under this section if the franchise formed the basis for a |
| 386 | previous certification, unless: |
| 387 | 1. The previous certification was withdrawn by the |
| 388 | facility or invalidated by the Office of Tourism, Trade, and |
| 389 | Economic Development or the Department of Commerce before any |
| 390 | funds were distributed pursuant to s. 212.20; or |
| 391 | 2. The previous certification was for an applicant that |
| 392 | served as the home facility for two professional sports |
| 393 | franchises and the franchise was used as a basis for the |
| 394 | certification of a new applicant. Notwithstanding any other |
| 395 | provision of this section, the franchise continuing to use the |
| 396 | original applicant shall be deemed the franchise forming the |
| 397 | basis of the previous certification and the previous |
| 398 | certification shall continue to apply for the time period |
| 399 | permitted from the original date of certification. |
| 400 | (b) This subsection does not disqualify an applicant if |
| 401 | the previous certification occurred between May 23, 1993, and |
| 402 | May 25, 1993; however, any funds to be distributed pursuant to |
| 403 | s. 212.20 for the second certification shall be offset by the |
| 404 | amount distributed to the previous certified facility. |
| 405 | Distribution of funds for the second certification shall not be |
| 406 | made until all amounts payable for the first certification have |
| 407 | been distributed. |
| 408 | (c) Payments to a certified applicant may not extend |
| 409 | beyond the period for which the original certification was |
| 410 | issued. |
| 411 | Section 3. Notwithstanding any other provision of law, an |
| 412 | applicant that is certified after the effective date of this act |
| 413 | pursuant to s. 288.1162, Florida Statutes, by the Office of |
| 414 | Tourism, Trade, and Economic Development as a facility for a new |
| 415 | professional sports franchise or a facility for a retained |
| 416 | professional sports franchise may not receive disbursements |
| 417 | pursuant to s. 212.20(6)(d)7.b., Florida Statutes, until July 1, |
| 418 | 2006. |
| 419 | Section 4. Section 288.1170, Florida Statutes, is created |
| 420 | to read: |
| 421 | 288.1170 National Association for Stock Car Auto Racing, |
| 422 | Inc. (NASCAR) Hall of Fame facility; duties of the Office of |
| 423 | Tourism, Trade, and Economic Development.-- |
| 424 | (1) The Office of Tourism, Trade, and Economic Development |
| 425 | shall serve as the state entity for screening applicants for |
| 426 | state funding pursuant to s. 212.20 and for certifying one |
| 427 | applicant as the NASCAR Hall of Fame facility in the state. |
| 428 | (2) Prior to certifying the NASCAR Hall of Fame facility, |
| 429 | the Office of Tourism, Trade, and Economic Development must |
| 430 | determine that: |
| 431 | (a) The NASCAR Hall of Fame facility would be the only |
| 432 | NASCAR Hall of Fame in the United States recognized by NASCAR, |
| 433 | Inc. |
| 434 | (b) The applicant is a unit of local government as defined |
| 435 | in s. 218.369 or a private sector group that has contracted to |
| 436 | construct or operate the NASCAR Hall of Fame facility on land |
| 437 | owned by a unit of local government. |
| 438 | (c) The municipality in which the NASCAR Hall of Fame |
| 439 | facility is located, or the county if the facility is located in |
| 440 | an unincorporated area, has certified by resolution after a |
| 441 | public hearing that the application serves a public purpose. |
| 442 | (d) There are existing projections that the NASCAR Hall of |
| 443 | Fame facility will attract a paid attendance of more than |
| 444 | 350,000 annually. |
| 445 | (e) There is an independent analysis or study, using |
| 446 | methodology approved by the Office of Tourism, Trade, and |
| 447 | Economic Development, which demonstrates that the amount of the |
| 448 | revenues generated by the taxes imposed under chapter 212 with |
| 449 | respect to the use and operation of the NASCAR Hall of Fame |
| 450 | facility will equal or exceed $1.2 million annually. |
| 451 | (f) Documentation exists that demonstrates that the |
| 452 | applicant has provided, is capable of providing, or has |
| 453 | financial or other commitments to provide more than one-half of |
| 454 | the cost incurred or related to the improvement and development |
| 455 | of the facility. |
| 456 | (g) The application is signed by an official senior |
| 457 | executive of the applicant and is notarized according to the |
| 458 | laws of this state providing for penalties for falsification. |
| 459 | (3) The applicant may use funds provided pursuant to s. |
| 460 | 212.20 for the public purpose of paying for the construction, |
| 461 | reconstruction, renovation, or operation of the NASCAR Hall of |
| 462 | Fame facility, or to pay or pledge for payment of debt service |
| 463 | on, or to fund debt service reserve funds, arbitrage rebate |
| 464 | obligations, or other amounts payable with respect to, bonds |
| 465 | issued for the construction, reconstruction, or renovation of |
| 466 | the facility or for the reimbursement of such costs or the |
| 467 | refinancing of bonds issued for such purpose. |
| 468 | (4) Upon determining that an applicant will or will not be |
| 469 | certified, the Office of Tourism, Trade, and Economic |
| 470 | Development shall notify the applicant of his or her status by |
| 471 | means of an official letter. If certified, the secretary shall |
| 472 | notify the executive director of the Department of Revenue and |
| 473 | the applicant of such certification by means of an official |
| 474 | letter granting certification. From the date of such |
| 475 | certification, the applicant shall have 5 years to open the |
| 476 | NASCAR Hall of Fame facility to the public and notify the Office |
| 477 | of Tourism, Trade, and Economic Development of such opening. The |
| 478 | Department of Revenue shall not begin distributing funds until |
| 479 | 30 days following notice by the Office of Tourism, Trade, and |
| 480 | Economic Development that the NASCAR Hall of Fame facility is |
| 481 | open to the public. |
| 482 | (5) The Department of Revenue may audit as provided in s. |
| 483 | 213.34, to verify that the distributions under this section have |
| 484 | been expended as required by this section. |
| 485 | (6) The Office of Tourism, Trade, and Economic Development |
| 486 | must recertify every 10 years that the facility is open, |
| 487 | continues to be the only NASCAR Hall of Fame in the United |
| 488 | States recognized by NASCAR, Inc., and is meeting the minimum |
| 489 | projections for attendance or sales tax revenue as required at |
| 490 | the time of original certification. |
| 491 | Section 5. Section 288.1171, Florida Statutes, is created |
| 492 | to read: |
| 493 | 288.1171 Convention centers owned by units of local |
| 494 | government; certification as owning eligible convention centers; |
| 495 | duties.-- |
| 496 | (1) The Office of Tourism, Trade, and Economic Development |
| 497 | shall serve as the state agency for screening applicants for |
| 498 | state funding pursuant to s. 212.20(6)(d)7.e. and for certifying |
| 499 | an applicant as owning an eligible convention center. |
| 500 | (2) The Office of Tourism, Trade, and Economic Development |
| 501 | shall adopt rules pursuant to ss. 120.536(1) and 120.54 for the |
| 502 | receipt and processing of applications for funding pursuant to |
| 503 | s. 212.20(6)(d)7.e. |
| 504 | (3) As used in this section, the term "eligible convention |
| 505 | center" means a publicly owned facility having exhibition space |
| 506 | in excess of 30,000 square feet, the primary function of which |
| 507 | is to host meetings, conventions, or trade shows. |
| 508 | (4) Prior to certifying an applicant as owning an eligible |
| 509 | convention center, the Office of Tourism, Trade, and Economic |
| 510 | Development must determine that: |
| 511 | (a) The unit of local government, as defined in s. |
| 512 | 218.369, owns an eligible convention center. |
| 513 | (b) The convention center contains more than 30,000 square |
| 514 | feet of exhibit space. |
| 515 | (c) The unit of local government in which the convention |
| 516 | center is located has certified by resolution after a public |
| 517 | hearing that the application serves a public purpose pursuant to |
| 518 | subsection (7). |
| 519 | (d) The convention center is located in a county that is |
| 520 | levying a tourist development tax pursuant to s. 125.0104. |
| 521 | (5) Upon certification of an applicant, the Office of |
| 522 | Tourism, Trade, and Economic Development shall notify the |
| 523 | executive director of the Department of Revenue of such |
| 524 | certification by means of an official letter granting |
| 525 | certification. The Department of Revenue shall not begin |
| 526 | distributing proceeds until 60 days following notice by the |
| 527 | Office of Tourism, Trade, and Economic Development that a unit |
| 528 | of local government has been certified as owning an eligible |
| 529 | convention center. |
| 530 | (6) No applicant previously certified under any provision |
| 531 | of this section who has received proceeds under such |
| 532 | certification shall be eligible for an additional certification. |
| 533 | (7) A unit of local government certified as owning an |
| 534 | eligible convention center may use proceeds provided pursuant to |
| 535 | s. 212.20(6)(d)7.e. solely to encourage and provide economic |
| 536 | development for the attraction, recruitment, and retention of |
| 537 | corporate headquarters and of high-technology, manufacturing, |
| 538 | research and development, entertainment, and tourism industries |
| 539 | as designated by the unit of local government by resolution of |
| 540 | its governing body, and to assist the eligible convention |
| 541 | centers to attract more business and expand their offerings, |
| 542 | including developing their own events and shows. |
| 543 | (8) The Auditor General may audit as provided in s. 11.45 |
| 544 | to verify that the distributions under this section have been |
| 545 | expended as required by this section. If the Auditor General |
| 546 | determines that the distributions have not been expended as |
| 547 | required by this section, the Auditor General may pursue |
| 548 | recovery of such proceeds and the unit of local government shall |
| 549 | be further barred from receiving future distributions of |
| 550 | proceeds authorized by this section. |
| 551 | (9) Failure to use the proceeds as provided in this |
| 552 | section shall be grounds for revoking certification. |
| 553 | (10) This section is repealed June 30, 2008. |
| 554 | Section 6. Paragraph (eee) is added to subsection (4) of |
| 555 | section 320.08056, Florida Statutes, to read: |
| 556 | 320.08056 Specialty license plates.-- |
| 557 | (4) The following license plate annual use fees shall be |
| 558 | collected for the appropriate specialty license plates: |
| 559 | (eee) NASCAR license plate, $25. |
| 560 | Section 7. Subsection (57) is added to section 320.08058, |
| 561 | Florida Statutes, to read: |
| 562 | 320.08058 Specialty license plates.-- |
| 563 | (57) NASCAR LICENSE PLATES.-- |
| 564 | (a) Upon an organization's meeting the requirements in s. |
| 565 | 320.08053, the Department of Highway Safety and Motor Vehicles |
| 566 | shall develop a NASCAR license plate as provided in this |
| 567 | subsection. The word "Florida" must appear at the top of the |
| 568 | plate. The NASCAR Hall of Fame, following consultation with |
| 569 | NASCAR and the International Speedway Corporation, may submit a |
| 570 | revised sample plate for consideration by the department. |
| 571 | (b) The annual use fee shall be distributed to the |
| 572 | Department of Revenue to offset the sales tax disbursements of |
| 573 | $1.2 million per year by the Department of Revenue to the NASCAR |
| 574 | Hall of Fame, Inc., for the construction, operation, and |
| 575 | maintenance of the NASCAR Hall of Fame in Daytona Beach. Any |
| 576 | distribution of fees to the department in excess of the sales |
| 577 | tax distributions shall be retained and used to offset future |
| 578 | distributions. |
| 579 | Section 8. The authorization of the specialty license |
| 580 | plate as provided in this act is subject to the City of Daytona |
| 581 | Beach's being designated as the site for the official NASCAR |
| 582 | Hall of Fame. If that designation is not awarded to the City of |
| 583 | Daytona Beach, the authorization of the NASCAR specialty tag is |
| 584 | rescinded. |
| 585 | Section 9. Until the NASCAR Hall of Fame has been |
| 586 | certified by the Office of Tourism, Trade, and Economic |
| 587 | Development as provided in this act, the funds generated by the |
| 588 | sale of the NASCAR license plate shall be deposited with the |
| 589 | Department of Revenue and held in trust for the benefit of the |
| 590 | NASCAR Hall of Fame facility upon certification. If the NASCAR |
| 591 | Hall of Fame facility is not certified, the authorization of the |
| 592 | NASCAR specialty tag is rescinded and the funds generated by the |
| 593 | NASCAR specialty tag until this time shall be deposited into the |
| 594 | Professional Sports Development Trust Fund within the Office of |
| 595 | Tourism, Trade, and Economic Development. All funds must be used |
| 596 | to support and promote major sporting events and the uses must |
| 597 | be approved by the Florida Sports Foundation. |
| 598 | Section 10. This act shall take effect July 1, 2005, |
| 599 | except that the creation of ss. 320.08056(4)(eee) and |
| 600 | 320.08058(57), Florida Statutes, by this act shall take effect |
| 601 | 30 days after the City of Daytona Beach is designated as the |
| 602 | site for the official NASCAR Hall of Fame facility and |
| 603 | provisional certification is granted by the Office of Tourism, |
| 604 | Trade, and Economic Development. |