HB 0887

1	A bill to be entitled
2	An act relating to a NASCAR Hall of Fame facility;
3	amending s. 212.20, F.S.; providing for distribution of a
4	portion of revenues from the tax on sales, use, and other
5	transactions to a NASCAR Hall of Fame facility; creating
6	s. 288.1170, F.S.; specifying the Office of Tourism,
7	Trade, and Economic Development as the state entity for
8	screening NASCAR Hall of Fame facility applicants;
9	providing for certification of such facility by the
10	office; providing requirements for certification and
11	operation of the facility; providing for distribution of
12	funds; authorizing certain uses of funds distributed to
13	the facility; providing procedural requirements for the
14	office; limiting distribution of funds by the Department
15	of Revenue; providing for audits by the department;
16	providing for periodic recertification by the office;
17	providing requirements; providing certain advertising
18	contribution requirements; providing for increasing such
19	advertising contribution requirements under certain
20	circumstances; providing an effective date.
21
22	WHEREAS, the National Association for Stock Car Auto
23	Racing, Inc. (NASCAR), founded in 1948, is the preeminent auto
24	racing sanctioning body in the world, and
25	WHEREAS, the City of Daytona Beach is the recognized center
26	of auto racing in the United States and a leading economic
27	engine, attracting millions of race fans each year to Florida to
28	attend racing events and to participate in related racing
29	activities, and
30	WHEREAS, NASCAR, Inc., has recently submitted its Request
31	For Proposals to at least four cities in the United States,
32	including the City of Daytona Beach, to develop, fund, and
33	maintain the NASCAR Hall of Fame, and
34	WHEREAS, the City of Daytona Beach, the County of Volusia,
35	and the State of Florida would benefit greatly by the
36	establishment of the NASCAR Hall of Fame in the cradle of auto
37	racing, the City of Daytona Beach, and
38	WHEREAS, the NASCAR Hall of Fame facility would receive
39	national and international media promotion and attention to the
40	extent of promoting the quality of life in Florida, so as to
41	attract national and international tourists and sports-related
42	industry, and
43	WHEREAS, additional generated tourism has a positive impact
44	on both the taxes and economy of the state and additional
45	economic development enhances employment opportunities for
46	Florida citizens as well as expanding the tax base, NOW
47	THEREFORE,
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1.  Paragraph (d) of subsection (6) of section
52	212.20, Florida Statutes, is amended to read:
53	212.20  Funds collected, disposition; additional powers of
54	department; operational expense; refund of taxes adjudicated
55	unconstitutionally collected.--
56	(6)  Distribution of all proceeds under this chapter and s.
57	202.18(1)(b) and (2)(b) shall be as follows:
58	(d)  The proceeds of all other taxes and fees imposed
59	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
60	and (2)(b) shall be distributed as follows:
61	1.  In any fiscal year, the greater of $500 million, minus
62	an amount equal to 4.6 percent of the proceeds of the taxes
63	collected pursuant to chapter 201, or 5 percent of all other
64	taxes and fees imposed pursuant to this chapter or remitted
65	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
66	monthly installments into the General Revenue Fund.
67	2.  Two-tenths of one percent shall be transferred to the
68	Ecosystem Management and Restoration Trust Fund to be used for
69	water quality improvement and water restoration projects.
70	3.  After the distribution under subparagraphs 1. and 2.,
71	8.814 percent of the amount remitted by a sales tax dealer
72	located within a participating county pursuant to s. 218.61
73	shall be transferred into the Local Government Half-cent Sales
74	Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
75	be transferred pursuant to this subparagraph to the Local
76	Government Half-cent Sales Tax Clearing Trust Fund shall be
77	reduced by 0.1 percent, and the department shall distribute this
78	amount to the Public Employees Relations Commission Trust Fund
79	less $5,000 each month, which shall be added to the amount
80	calculated in subparagraph 4. and distributed accordingly.
81	4.  After the distribution under subparagraphs 1., 2., and
82	3., 0.095 percent shall be transferred to the Local Government
83	Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
84	to s. 218.65.
85	5.  After the distributions under subparagraphs 1., 2., 3.,
86	and 4., 2.0440 percent of the available proceeds pursuant to
87	this paragraph shall be transferred monthly to the Revenue
88	Sharing Trust Fund for Counties pursuant to s. 218.215.
89	6.  After the distributions under subparagraphs 1., 2., 3.,
90	and 4., 1.3409 percent of the available proceeds pursuant to
91	this paragraph shall be transferred monthly to the Revenue
92	Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
93	the total revenue to be distributed pursuant to this
94	subparagraph is at least as great as the amount due from the
95	Revenue Sharing Trust Fund for Municipalities and the former
96	Municipal Financial Assistance Trust Fund in state fiscal year
97	1999-2000, no municipality shall receive less than the amount
98	due from the Revenue Sharing Trust Fund for Municipalities and
99	the former Municipal Financial Assistance Trust Fund in state
100	fiscal year 1999-2000. If the total proceeds to be distributed
101	are less than the amount received in combination from the
102	Revenue Sharing Trust Fund for Municipalities and the former
103	Municipal Financial Assistance Trust Fund in state fiscal year
104	1999-2000, each municipality shall receive an amount
105	proportionate to the amount it was due in state fiscal year
106	1999-2000.
107	7.  Of the remaining proceeds:
108	a.  In each fiscal year, the sum of $29,915,500 shall be
109	divided into as many equal parts as there are counties in the
110	state, and one part shall be distributed to each county. The
111	distribution among the several counties shall begin each fiscal
112	year on or before January 5th and shall continue monthly for a
113	total of 4 months. If a local or special law required that any
114	moneys accruing to a county in fiscal year 1999-2000 under the
115	then-existing provisions of s. 550.135 be paid directly to the
116	district school board, special district, or a municipal
117	government, such payment shall continue until such time that the
118	local or special law is amended or repealed. The state covenants
119	with holders of bonds or other instruments of indebtedness
120	issued by local governments, special districts, or district
121	school boards prior to July 1, 2000, that it is not the intent
122	of this subparagraph to adversely affect the rights of those
123	holders or relieve local governments, special districts, or
124	district school boards of the duty to meet their obligations as
125	a result of previous pledges or assignments or trusts entered
126	into which obligated funds received from the distribution to
127	county governments under then-existing s. 550.135. This
128	distribution specifically is in lieu of funds distributed under
129	s. 550.135 prior to July 1, 2000.
130	b.  The department shall distribute $166,667 monthly
131	pursuant to s. 288.1162 to each applicant that has been
132	certified as a "facility for a new professional sports
133	franchise" or a "facility for a retained professional sports
134	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
135	distributed monthly by the department to each applicant that has
136	been certified as a "facility for a retained spring training
137	franchise" pursuant to s. 288.1162; however, not more than
138	$208,335 may be distributed monthly in the aggregate to all
139	certified facilities for a retained spring training franchise.
140	Distributions shall begin 60 days following such certification
141	and shall continue for not more than 30 years. Nothing contained
142	in this paragraph shall be construed to allow an applicant
143	certified pursuant to s. 288.1162 to receive more in
144	distributions than actually expended by the applicant for the
145	public purposes provided for in s. 288.1162(6). However, a
146	certified applicant is entitled to receive distributions up to
147	the maximum amount allowable and undistributed under this
148	section for additional renovations and improvements to the
149	facility for the franchise without additional certification.
150	c.  Beginning 30 days after notice by the Office of
151	Tourism, Trade, and Economic Development to the Department of
152	Revenue that an applicant has been certified as the professional
153	golf hall of fame pursuant to s. 288.1168 and is open to the
154	public, $166,667 shall be distributed monthly, for up to 300
155	months, to the applicant.
156	d.  Beginning 30 days after notice by the Office of
157	Tourism, Trade, and Economic Development to the Department of
158	Revenue that the applicant has been certified as the
159	International Game Fish Association World Center facility
160	pursuant to s. 288.1169, and the facility is open to the public,
161	$83,333 shall be distributed monthly, for up to 168 months, to
162	the applicant. This distribution is subject to reduction
163	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
164	made, after certification and before July 1, 2000.
165	e.  Beginning 30 days after notice by the Office of
166	Tourism, Trade, and Economic Development to the Department of
167	Revenue that an applicant has been certified as the NASCAR Hall
168	of Fame facility pursuant to s. 288.1170 and is open to the
169	public, $250,000 shall be distributed monthly, for up to 300
170	months, to the applicant.
171	8.  All other proceeds shall remain with the General
172	Revenue Fund.
173	Section 2.  Section 288.1170, Florida Statutes, is created
174	to read:
175	288.1170  National Association for Stock Car Auto Racing,
176	Inc. (NASCAR) Hall of Fame facility; duties of the Office of
177	Tourism, Trade, and Economic Development.--
178	(1)  The Office of Tourism, Trade, and Economic Development
179	shall serve as the state entity for screening applicants for
180	state funding pursuant to s. 212.20 and for certifying one
181	applicant as the NASCAR Hall of Fame facility in the state.
182	(2)  Prior to certifying the NASCAR Hall of Fame facility,
183	the Office of Tourism, Trade, and Economic Development must
184	determine that:
185	(a)  The NASCAR Hall of Fame facility would be the only
186	NASCAR Hall of Fame in the United States recognized by NASCAR,
187	Inc.
188	(b)  The applicant is a unit of local government as defined
189	in s. 218.369 or a private sector group that has contracted to
190	construct or operate the NASCAR Hall of Fame facility on land
191	owned by a unit of local government.
192	(c)  The municipality in which the NASCAR Hall of Fame
193	facility is located, or the county if the facility is located in
194	an unincorporated area, has certified by resolution after a
195	public hearing that the application serves a public purpose.
196	(d)  There are existing projections that the NASCAR Hall of
197	Fame facility will attract a paid attendance of more than
198	500,000 annually.
199	(e)  There is an independent analysis or study, using
200	methodology approved by the Department of Revenue, which
201	demonstrates that the amount of the revenues generated by the
202	taxes imposed under chapter 212 with respect to the use and
203	operation of the NASCAR Hall of Fame facility will equal or
204	exceed $3 million annually.
205	(f)  The applicant has submitted an agreement to provide $2
206	million annually in national and international media promotion
207	of the NASCAR Hall of Fame facility, this state, and tourism in
208	this state, through NASCAR, Inc., or its affiliates, at the
209	then-current commercial rate, during the period of time the
210	facility receives funds pursuant to s. 212.20. The Office of
211	Tourism, Trade, and Economic Development and NASCAR, Inc., or
212	its affiliates, must agree annually on a reasonable percentage
213	of advertising specifically allocated for generic advertising in
214	this state. The Office of Tourism, Trade, and Economic
215	Development shall have final approval of all such generic
216	advertising. Failure on the part of NASCAR, Inc., or its
217	affiliates, to annually provide the advertising as provided in
218	this paragraph or subsection (6) shall result in the termination
219	of funding as provided in s. 212.20.
220	(g)  The application is signed by an official senior
221	executive of the applicant and is notarized according to the
222	laws of this state providing for penalties for falsification.
223	(3)  The applicant may use funds provided pursuant to s.
224	212.20 for the public purpose of paying for the construction,
225	reconstruction, renovation, or operation of the NASCAR Hall of
226	Fame facility, or to pay or pledge for payment of debt service
227	on, or to fund debt service reserve funds, arbitrage rebate
228	obligations, or other amounts payable with respect to, bonds
229	issued for the construction, reconstruction, or renovation of
230	the facility or for the reimbursement of such costs or the
231	refinancing of bonds issued for such purpose.
232	(4)  Upon determining that an applicant is or is not
233	certifiable, the  Office of Tourism, Trade, and Economic
234	Development shall notify the applicant of his or her status by
235	means of an official letter. If certifiable, the secretary shall
236	notify the executive director of the Department of Revenue and
237	the applicant of such certification by means of an official
238	letter granting certification. From the date of such
239	certification, the applicant shall have 5 years to open the
240	NASCAR Hall of Fame facility to the public and notify the Office
241	of Tourism, Trade, and Economic Development of such opening. The
242	Department of Revenue shall not begin distributing funds until
243	30 days following notice by the Office of Tourism, Trade, and
244	Economic Development that the NASCAR Hall of Fame facility is
245	open to the public.
246	(5)  The Department of Revenue may audit as provided in s.
247	213.34, to verify that the distributions under this section have
248	been expended as required by this section.
249	(6)  The Office of Tourism, Trade, and Economic Development
250	must recertify every 10 years that the facility is open,
251	continues to be the only NASCAR Hall of Fame in the United
252	States recognized by NASCAR, Inc., and is meeting the minimum
253	projections for attendance or sales tax revenue as required at
254	the time of original certification. If the facility is not
255	certified as meeting the minimum projections, NASCAR, Inc.,
256	shall increase its required advertising contribution of $2
257	million annually to $2.5 million annually in lieu of reduction
258	of any funds as provided by s. 212.20. The additional $500,000
259	must be allocated in its entirety for the use and promotion of
260	generic advertising of this state as determined by the Office of
261	Tourism, Trade, and Economic Development. If the facility is not
262	open to the public or is no longer in use as the only NASCAR
263	Hall of Fame in the United States recognized by NASCAR, Inc.,
264	the entire $2.5 million for advertising must be used for generic
265	advertising in this state as determined by the Office of
266	Tourism, Trade, and Economic Development.
267	Section 3.  This act shall take effect upon becoming a law.

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