| 1 | Representative(s) Patterson offered the following: |
| 2 |
|
| 3 | Amendment to Amendment (114533) (with title amendment) |
| 4 | Remove lines 3593 and 3594 and insert: |
| 5 |
|
| 6 | Section 64. Paragraph (d) of subsection (6) of section |
| 7 | 212.20, Florida Statutes, is amended to read: |
| 8 | 212.20 Funds collected, disposition; additional powers of |
| 9 | department; operational expense; refund of taxes adjudicated |
| 10 | unconstitutionally collected.-- |
| 11 | (6) Distribution of all proceeds under this chapter and s. |
| 12 | 202.18(1)(b) and (2)(b) shall be as follows: |
| 13 | (d) The proceeds of all other taxes and fees imposed |
| 14 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
| 15 | and (2)(b) shall be distributed as follows: |
| 16 | 1. In any fiscal year, the greater of $500 million, minus |
| 17 | an amount equal to 4.6 percent of the proceeds of the taxes |
| 18 | collected pursuant to chapter 201, or 5 percent of all other |
| 19 | taxes and fees imposed pursuant to this chapter or remitted |
| 20 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
| 21 | monthly installments into the General Revenue Fund. |
| 22 | 2. Two-tenths of one percent shall be transferred to the |
| 23 | Ecosystem Management and Restoration Trust Fund to be used for |
| 24 | water quality improvement and water restoration projects. |
| 25 | 3. After the distribution under subparagraphs 1. and 2., |
| 26 | 8.814 percent of the amount remitted by a sales tax dealer |
| 27 | located within a participating county pursuant to s. 218.61 |
| 28 | shall be transferred into the Local Government Half-cent Sales |
| 29 | Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to |
| 30 | be transferred pursuant to this subparagraph to the Local |
| 31 | Government Half-cent Sales Tax Clearing Trust Fund shall be |
| 32 | reduced by 0.1 percent, and the department shall distribute this |
| 33 | amount to the Public Employees Relations Commission Trust Fund |
| 34 | less $5,000 each month, which shall be added to the amount |
| 35 | calculated in subparagraph 4. and distributed accordingly. |
| 36 | 4. After the distribution under subparagraphs 1., 2., and |
| 37 | 3., 0.095 percent shall be transferred to the Local Government |
| 38 | Half-cent Sales Tax Clearing Trust Fund and distributed pursuant |
| 39 | to s. 218.65. |
| 40 | 5. After the distributions under subparagraphs 1., 2., 3., |
| 41 | and 4., 2.0440 percent of the available proceeds pursuant to |
| 42 | this paragraph shall be transferred monthly to the Revenue |
| 43 | Sharing Trust Fund for Counties pursuant to s. 218.215. |
| 44 | 6. After the distributions under subparagraphs 1., 2., 3., |
| 45 | and 4., 1.3409 percent of the available proceeds pursuant to |
| 46 | this paragraph shall be transferred monthly to the Revenue |
| 47 | Sharing Trust Fund for Municipalities pursuant to s. 218.215. If |
| 48 | the total revenue to be distributed pursuant to this |
| 49 | subparagraph is at least as great as the amount due from the |
| 50 | Revenue Sharing Trust Fund for Municipalities and the former |
| 51 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 52 | 1999-2000, no municipality shall receive less than the amount |
| 53 | due from the Revenue Sharing Trust Fund for Municipalities and |
| 54 | the former Municipal Financial Assistance Trust Fund in state |
| 55 | fiscal year 1999-2000. If the total proceeds to be distributed |
| 56 | are less than the amount received in combination from the |
| 57 | Revenue Sharing Trust Fund for Municipalities and the former |
| 58 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 59 | 1999-2000, each municipality shall receive an amount |
| 60 | proportionate to the amount it was due in state fiscal year |
| 61 | 1999-2000. |
| 62 | 7. Of the remaining proceeds: |
| 63 | a. In each fiscal year, the sum of $29,915,500 shall be |
| 64 | divided into as many equal parts as there are counties in the |
| 65 | state, and one part shall be distributed to each county. The |
| 66 | distribution among the several counties shall begin each fiscal |
| 67 | year on or before January 5th and shall continue monthly for a |
| 68 | total of 4 months. If a local or special law required that any |
| 69 | moneys accruing to a county in fiscal year 1999-2000 under the |
| 70 | then-existing provisions of s. 550.135 be paid directly to the |
| 71 | district school board, special district, or a municipal |
| 72 | government, such payment shall continue until such time that the |
| 73 | local or special law is amended or repealed. The state covenants |
| 74 | with holders of bonds or other instruments of indebtedness |
| 75 | issued by local governments, special districts, or district |
| 76 | school boards prior to July 1, 2000, that it is not the intent |
| 77 | of this subparagraph to adversely affect the rights of those |
| 78 | holders or relieve local governments, special districts, or |
| 79 | district school boards of the duty to meet their obligations as |
| 80 | a result of previous pledges or assignments or trusts entered |
| 81 | into which obligated funds received from the distribution to |
| 82 | county governments under then-existing s. 550.135. This |
| 83 | distribution specifically is in lieu of funds distributed under |
| 84 | s. 550.135 prior to July 1, 2000. |
| 85 | b. The department shall distribute $166,667 monthly |
| 86 | pursuant to s. 288.1162 to each applicant that has been |
| 87 | certified as a "facility for a new professional sports |
| 88 | franchise" or a "facility for a retained professional sports |
| 89 | franchise" pursuant to s. 288.1162. Up to $41,667 shall be |
| 90 | distributed monthly by the department to each applicant that has |
| 91 | been certified as a "facility for a retained spring training |
| 92 | franchise" pursuant to s. 288.1162; however, not more than |
| 93 | $208,335 may be distributed monthly in the aggregate to all |
| 94 | certified facilities for a retained spring training franchise. |
| 95 | Distributions shall begin 60 days following such certification |
| 96 | and shall continue for not more than 30 years. Nothing contained |
| 97 | in this paragraph shall be construed to allow an applicant |
| 98 | certified pursuant to s. 288.1162 to receive more in |
| 99 | distributions than actually expended by the applicant for the |
| 100 | public purposes provided for in s. 288.1162(6). However, a |
| 101 | certified applicant is entitled to receive distributions up to |
| 102 | the maximum amount allowable and undistributed under this |
| 103 | section for additional renovations and improvements to the |
| 104 | facility for the franchise without additional certification. |
| 105 | c. Beginning 30 days after notice by the Office of |
| 106 | Tourism, Trade, and Economic Development to the Department of |
| 107 | Revenue that an applicant has been certified as the professional |
| 108 | golf hall of fame pursuant to s. 288.1168 and is open to the |
| 109 | public, $166,667 shall be distributed monthly, for up to 300 |
| 110 | months, to the applicant. |
| 111 | d. Beginning 30 days after notice by the Office of |
| 112 | Tourism, Trade, and Economic Development to the Department of |
| 113 | Revenue that the applicant has been certified as the |
| 114 | International Game Fish Association World Center facility |
| 115 | pursuant to s. 288.1169, and the facility is open to the public, |
| 116 | $83,333 shall be distributed monthly, for up to 168 months, to |
| 117 | the applicant. This distribution is subject to reduction |
| 118 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall be |
| 119 | made, after certification and before July 1, 2000. |
| 120 | e. Beginning 30 days after notice by the Office of |
| 121 | Tourism, Trade, and Economic Development to the Department of |
| 122 | Revenue that an applicant has been certified as the NASCAR Hall |
| 123 | of Fame facility pursuant to s. 288.1170 and is open to the |
| 124 | public, $100,000 shall be distributed monthly, for up to 300 |
| 125 | months, to the applicant. |
| 126 | 8. All other proceeds shall remain with the General |
| 127 | Revenue Fund. |
| 128 | Section 65. Section 288.1170, Florida Statutes, is created |
| 129 | to read: |
| 130 | 288.1170 National Association for Stock Car Auto Racing, |
| 131 | Inc. (NASCAR) Hall of Fame facility; duties of the Office of |
| 132 | Tourism, Trade, and Economic Development.-- |
| 133 | (1) The Office of Tourism, Trade, and Economic Development |
| 134 | shall serve as the state entity for screening applicants for |
| 135 | state funding pursuant to s. 212.20 and for certifying one |
| 136 | applicant as the NASCAR Hall of Fame facility in the state. |
| 137 | (2) Prior to certifying the NASCAR Hall of Fame facility, |
| 138 | the Office of Tourism, Trade, and Economic Development must |
| 139 | determine that: |
| 140 | (a) The NASCAR Hall of Fame facility would be the only |
| 141 | NASCAR Hall of Fame in the United States recognized by NASCAR, |
| 142 | Inc. |
| 143 | (b) The applicant is a unit of local government as defined |
| 144 | in s. 218.369 or a private sector not-for-profit group that has |
| 145 | contracted to construct or operate the NASCAR Hall of Fame |
| 146 | facility on land owned by a unit of local government. |
| 147 | (c) The municipality in which the NASCAR Hall of Fame |
| 148 | facility is located, or the county if the facility is located in |
| 149 | an unincorporated area, has certified by resolution after a |
| 150 | public hearing that the application serves a public purpose. |
| 151 | (d) There are existing projections that the NASCAR Hall of |
| 152 | Fame facility will attract a paid attendance of more than |
| 153 | 350,000 annually. |
| 154 | (e) There is an independent analysis or study, using |
| 155 | methodology approved by the Office of Tourism, Trade, and |
| 156 | Economic Development, which demonstrates that the amount of the |
| 157 | revenues generated by the taxes imposed under chapter 212 with |
| 158 | respect to the use and operation of the NASCAR Hall of Fame |
| 159 | facility will equal or exceed $1.2 million annually. |
| 160 | (f) Documentation exists that demonstrates that the |
| 161 | applicant has provided, is capable of providing, or has |
| 162 | financial or other commitments to provide more than one-half of |
| 163 | the cost incurred or related to the improvement and development |
| 164 | of the facility. |
| 165 | (g) The application is signed by an official senior |
| 166 | executive of the applicant and is notarized according to the |
| 167 | laws of this state providing for penalties for falsification. |
| 168 | (3) The applicant may use funds provided pursuant to s. |
| 169 | 212.20 for the public purpose of paying for the construction, |
| 170 | reconstruction, renovation, or operation of the NASCAR Hall of |
| 171 | Fame facility, or to pay or pledge for payment of debt service |
| 172 | on, or to fund debt service reserve funds, arbitrage rebate |
| 173 | obligations, or other amounts payable with respect to, bonds |
| 174 | issued for the construction, reconstruction, or renovation of |
| 175 | the facility or for the reimbursement of such costs or the |
| 176 | refinancing of bonds issued for such purpose. |
| 177 | (4) Upon determining that an applicant will or will not be |
| 178 | certified, the Office of Tourism, Trade, and Economic |
| 179 | Development shall notify the applicant of his or her status by |
| 180 | means of an official letter. If certified, the secretary shall |
| 181 | notify the executive director of the Department of Revenue and |
| 182 | the applicant of such certification by means of an official |
| 183 | letter granting certification. From the date of such |
| 184 | certification, the applicant shall have 5 years to open the |
| 185 | NASCAR Hall of Fame facility to the public and notify the Office |
| 186 | of Tourism, Trade, and Economic Development of such opening. The |
| 187 | Department of Revenue shall not begin distributing funds until |
| 188 | 30 days following notice by the Office of Tourism, Trade, and |
| 189 | Economic Development that the NASCAR Hall of Fame facility is |
| 190 | open to the public. |
| 191 | (5) The Department of Revenue may audit as provided in s. |
| 192 | 213.34, to verify that the distributions under this section have |
| 193 | been expended as required by this section. |
| 194 | (6) The Office of Tourism, Trade, and Economic Development |
| 195 | must recertify every 10 years that the facility is open, |
| 196 | continues to be the only NASCAR Hall of Fame in the United |
| 197 | States recognized by NASCAR, Inc., and is meeting the minimum |
| 198 | projections for attendance or sales tax revenue as required at |
| 199 | the time of original certification. |
| 200 | Section 66. Paragraph (eee) is added to subsection (4) of |
| 201 | section 320.08056, Florida Statutes, to read: |
| 202 | 320.08056 Specialty license plates.-- |
| 203 | (4) The following license plate annual use fees shall be |
| 204 | collected for the appropriate specialty license plates: |
| 205 | (eee) NASCAR license plate, $25. |
| 206 | Section 67. Subsection (57) is added to section 320.08058, |
| 207 | Florida Statutes, to read: |
| 208 | 320.08058 Specialty license plates.-- |
| 209 | (57) NASCAR LICENSE PLATES.-- |
| 210 | (a) Upon an organization's meeting the requirements in s. |
| 211 | 320.08053, the Department of Highway Safety and Motor Vehicles |
| 212 | shall develop a NASCAR license plate as provided in this |
| 213 | subsection. The word "Florida" must appear at the top of the |
| 214 | plate. The NASCAR Hall of Fame, following consultation with |
| 215 | NASCAR and the International Speedway Corporation, may submit a |
| 216 | revised sample plate for consideration by the department. |
| 217 | (b) The annual use fee shall be distributed to the |
| 218 | Department of Revenue to offset the sales tax disbursements of |
| 219 | $1.2 million per year by the Department of Revenue to the NASCAR |
| 220 | Hall of Fame, Inc., for the construction, operation, and |
| 221 | maintenance of the NASCAR Hall of Fame in Daytona Beach. Any |
| 222 | distribution of fees to the department in excess of the sales |
| 223 | tax distributions shall be retained and used to offset future |
| 224 | distributions. |
| 225 | Section 68. The authorization of the specialty license |
| 226 | plate as provided in this act is subject to the City of Daytona |
| 227 | Beach's being designated as the site for the official NASCAR |
| 228 | Hall of Fame. If that designation is not awarded to the City of |
| 229 | Daytona Beach, the authorization of the NASCAR specialty tag is |
| 230 | rescinded. |
| 231 | Section 69. Until the NASCAR Hall of Fame has been |
| 232 | certified by the Office of Tourism, Trade, and Economic |
| 233 | Development as provided in this act, the funds generated by the |
| 234 | sale of the NASCAR license plate shall be deposited with the |
| 235 | Department of Revenue and held in trust for the benefit of the |
| 236 | NASCAR Hall of Fame facility upon certification. If the NASCAR |
| 237 | Hall of Fame facility is not certified, the authorization of the |
| 238 | NASCAR specialty tag is rescinded and the funds generated by the |
| 239 | NASCAR specialty tag until this time shall be deposited into the |
| 240 | Professional Sports Development Trust Fund within the Office of |
| 241 | Tourism, Trade, and Economic Development. All funds must be used |
| 242 | to support and promote major sporting events and the uses must |
| 243 | be approved by the Florida Sports Foundation. |
| 244 | Section 70. Except as otherwise provided herein, this act |
| 245 | shall take effect July 1, 2005, except that the creation of ss. |
| 246 | 320.08056(4)(eee) and 320.08058(57), Florida Statutes, by this |
| 247 | act shall take effect 30 days after the City of Daytona Beach is |
| 248 | designated as the site for the official NASCAR Hall of Fame |
| 249 | facility and provisional certification is granted by the Office |
| 250 | of Tourism, Trade, and Economic Development. |
| 251 |
|
| 252 |
|
| 253 | ================ T I T L E A M E N D M E N T ============= |
| 254 | Remove line 3810 and insert: |
| 255 |
|
| 256 | amending s. 212.20, F.S.; providing for distribution of a |
| 257 | portion of revenues from the tax on sales, use, and other |
| 258 | transactions to a NASCAR Hall of Fame facility; creating |
| 259 | s. 288.1170, F.S.; specifying the Office of Tourism, |
| 260 | Trade, and Economic Development as the state entity for |
| 261 | screening NASCAR Hall of Fame facility applicants; |
| 262 | providing for certification of such facility by the |
| 263 | office; providing requirements for certification and |
| 264 | operation of the facility; providing for distribution of |
| 265 | funds; authorizing certain uses of funds distributed to |
| 266 | the facility; providing procedural requirements for the |
| 267 | office; limiting distribution of funds by the Department |
| 268 | of Revenue; providing for audits by the department; |
| 269 | providing for periodic recertification by the office; |
| 270 | providing requirements; amending s. 320.08056, F.S.; |
| 271 | providing for a NASCAR license plate fee; amending s. |
| 272 | 320.08058, F.S.; providing for a NASCAR license plate; |
| 273 | providing for a use fee; directing the Department of |
| 274 | Highway Safety and Motor Vehicles to develop a NASCAR |
| 275 | license plate; providing for the distribution and use of |
| 276 | fees; providing contingent authorization to develop the |
| 277 | tag; providing for an alternative deposit of certain |
| 278 | license plate funds until certification of a NASCAR Hall |
| 279 | of Fame; providing for alternative uses of such funds |
| 280 | without certification; providing effective dates. |