HB 0887

CS

CHAMBER ACTION

1	The Tourism Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to a NASCAR Hall of Fame facility;
7	amending s. 212.20, F.S.; providing for distribution of a
8	portion of revenues from the tax on sales, use, and other
9	transactions to a NASCAR Hall of Fame facility; creating
10	s. 288.1170, F.S.; specifying the Office of Tourism,
11	Trade, and Economic Development as the state entity for
12	screening NASCAR Hall of Fame facility applicants;
13	providing for certification of such facility by the
14	office; providing requirements for certification and
15	operation of the facility; providing for distribution of
16	funds; authorizing certain uses of funds distributed to
17	the facility; providing procedural requirements for the
18	office; limiting distribution of funds by the Department
19	of Revenue; providing for audits by the department;
20	providing for periodic recertification by the office;
21	providing requirements; amending s. 320.08056, F.S.;
22	providing for a NASCAR license plate fee; amending s.
23	320.08058, F.S.; providing for a NASCAR license plate;
24	directing the Department of Highway Safety and Motor
25	Vehicles to develop a NASCAR license plate; providing for
26	the distribution and use of fees; providing that
27	development and issuance of the license plate is
28	contingent upon the designation of the City of Daytona
29	Beach as the site for the official NASCAR Hall of Fame
30	facility and provisional certification is granted by the
31	Office of Tourism, Trade, and Economic Development;
32	providing effective dates.
33
34	WHEREAS, the National Association for Stock Car Auto
35	Racing, Inc. (NASCAR), founded in 1948, is the preeminent auto
36	racing sanctioning body in the world, and
37	WHEREAS, the City of Daytona Beach is the recognized center
38	of auto racing in the United States and a leading economic
39	engine, attracting millions of race fans each year to Florida to
40	attend racing events and to participate in related racing
41	activities, and
42	WHEREAS, NASCAR, Inc., has recently submitted its Request
43	For Proposals to at least four cities in the United States,
44	including the City of Daytona Beach, to develop, fund, and
45	maintain the NASCAR Hall of Fame, and
46	WHEREAS, the City of Daytona Beach, the County of Volusia,
47	and the State of Florida would benefit greatly by the
48	establishment of the NASCAR Hall of Fame in the cradle of auto
49	racing, the City of Daytona Beach, and
50	WHEREAS, the NASCAR Hall of Fame facility would receive
51	national and international media promotion and attention to the
52	extent of promoting the quality of life in Florida, so as to
53	attract national and international tourists and sports-related
54	industry, and
55	WHEREAS, additional generated tourism has a positive impact
56	on both the taxes and economy of the state and additional
57	economic development enhances employment opportunities for
58	Florida citizens as well as expanding the tax base, and
59	WHEREAS, the issuance of a NASCAR license plate would
60	provide a means for racing fans to support the creation of the
61	NASCAR Hall of Fame facility in Florida, NOW THEREFORE,
62
63	Be It Enacted by the Legislature of the State of Florida:
64
65	Section 1.  Paragraph (d) of subsection (6) of section
66	212.20, Florida Statutes, is amended to read:
67	212.20  Funds collected, disposition; additional powers of
68	department; operational expense; refund of taxes adjudicated
69	unconstitutionally collected.--
70	(6)  Distribution of all proceeds under this chapter and s.
71	202.18(1)(b) and (2)(b) shall be as follows:
72	(d)  The proceeds of all other taxes and fees imposed
73	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
74	and (2)(b) shall be distributed as follows:
75	1.  In any fiscal year, the greater of $500 million, minus
76	an amount equal to 4.6 percent of the proceeds of the taxes
77	collected pursuant to chapter 201, or 5 percent of all other
78	taxes and fees imposed pursuant to this chapter or remitted
79	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
80	monthly installments into the General Revenue Fund.
81	2.  Two-tenths of one percent shall be transferred to the
82	Ecosystem Management and Restoration Trust Fund to be used for
83	water quality improvement and water restoration projects.
84	3.  After the distribution under subparagraphs 1. and 2.,
85	8.814 percent of the amount remitted by a sales tax dealer
86	located within a participating county pursuant to s. 218.61
87	shall be transferred into the Local Government Half-cent Sales
88	Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
89	be transferred pursuant to this subparagraph to the Local
90	Government Half-cent Sales Tax Clearing Trust Fund shall be
91	reduced by 0.1 percent, and the department shall distribute this
92	amount to the Public Employees Relations Commission Trust Fund
93	less $5,000 each month, which shall be added to the amount
94	calculated in subparagraph 4. and distributed accordingly.
95	4.  After the distribution under subparagraphs 1., 2., and
96	3., 0.095 percent shall be transferred to the Local Government
97	Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
98	to s. 218.65.
99	5.  After the distributions under subparagraphs 1., 2., 3.,
100	and 4., 2.0440 percent of the available proceeds pursuant to
101	this paragraph shall be transferred monthly to the Revenue
102	Sharing Trust Fund for Counties pursuant to s. 218.215.
103	6.  After the distributions under subparagraphs 1., 2., 3.,
104	and 4., 1.3409 percent of the available proceeds pursuant to
105	this paragraph shall be transferred monthly to the Revenue
106	Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
107	the total revenue to be distributed pursuant to this
108	subparagraph is at least as great as the amount due from the
109	Revenue Sharing Trust Fund for Municipalities and the former
110	Municipal Financial Assistance Trust Fund in state fiscal year
111	1999-2000, no municipality shall receive less than the amount
112	due from the Revenue Sharing Trust Fund for Municipalities and
113	the former Municipal Financial Assistance Trust Fund in state
114	fiscal year 1999-2000. If the total proceeds to be distributed
115	are less than the amount received in combination from the
116	Revenue Sharing Trust Fund for Municipalities and the former
117	Municipal Financial Assistance Trust Fund in state fiscal year
118	1999-2000, each municipality shall receive an amount
119	proportionate to the amount it was due in state fiscal year
120	1999-2000.
121	7.  Of the remaining proceeds:
122	a.  In each fiscal year, the sum of $29,915,500 shall be
123	divided into as many equal parts as there are counties in the
124	state, and one part shall be distributed to each county. The
125	distribution among the several counties shall begin each fiscal
126	year on or before January 5th and shall continue monthly for a
127	total of 4 months. If a local or special law required that any
128	moneys accruing to a county in fiscal year 1999-2000 under the
129	then-existing provisions of s. 550.135 be paid directly to the
130	district school board, special district, or a municipal
131	government, such payment shall continue until such time that the
132	local or special law is amended or repealed. The state covenants
133	with holders of bonds or other instruments of indebtedness
134	issued by local governments, special districts, or district
135	school boards prior to July 1, 2000, that it is not the intent
136	of this subparagraph to adversely affect the rights of those
137	holders or relieve local governments, special districts, or
138	district school boards of the duty to meet their obligations as
139	a result of previous pledges or assignments or trusts entered
140	into which obligated funds received from the distribution to
141	county governments under then-existing s. 550.135. This
142	distribution specifically is in lieu of funds distributed under
143	s. 550.135 prior to July 1, 2000.
144	b.  The department shall distribute $166,667 monthly
145	pursuant to s. 288.1162 to each applicant that has been
146	certified as a "facility for a new professional sports
147	franchise" or a "facility for a retained professional sports
148	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
149	distributed monthly by the department to each applicant that has
150	been certified as a "facility for a retained spring training
151	franchise" pursuant to s. 288.1162; however, not more than
152	$208,335 may be distributed monthly in the aggregate to all
153	certified facilities for a retained spring training franchise.
154	Distributions shall begin 60 days following such certification
155	and shall continue for not more than 30 years. Nothing contained
156	in this paragraph shall be construed to allow an applicant
157	certified pursuant to s. 288.1162 to receive more in
158	distributions than actually expended by the applicant for the
159	public purposes provided for in s. 288.1162(6). However, a
160	certified applicant is entitled to receive distributions up to
161	the maximum amount allowable and undistributed under this
162	section for additional renovations and improvements to the
163	facility for the franchise without additional certification.
164	c.  Beginning 30 days after notice by the Office of
165	Tourism, Trade, and Economic Development to the Department of
166	Revenue that an applicant has been certified as the professional
167	golf hall of fame pursuant to s. 288.1168 and is open to the
168	public, $166,667 shall be distributed monthly, for up to 300
169	months, to the applicant.
170	d.  Beginning 30 days after notice by the Office of
171	Tourism, Trade, and Economic Development to the Department of
172	Revenue that the applicant has been certified as the
173	International Game Fish Association World Center facility
174	pursuant to s. 288.1169, and the facility is open to the public,
175	$83,333 shall be distributed monthly, for up to 168 months, to
176	the applicant. This distribution is subject to reduction
177	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
178	made, after certification and before July 1, 2000.
179	e.  Beginning 30 days after notice by the Office of
180	Tourism, Trade, and Economic Development to the Department of
181	Revenue that an applicant has been certified as the NASCAR Hall
182	of Fame facility pursuant to s. 288.1170 and is open to the
183	public, $100,000 shall be distributed monthly, for up to 300
184	months, to the applicant.
185	8.  All other proceeds shall remain with the General
186	Revenue Fund.
187	Section 2.  Section 288.1170, Florida Statutes, is created
188	to read:
189	288.1170  National Association for Stock Car Auto Racing,
190	Inc. (NASCAR) Hall of Fame facility; duties of the Office of
191	Tourism, Trade, and Economic Development.--
192	(1)  The Office of Tourism, Trade, and Economic Development
193	shall serve as the state entity for screening applicants for
194	state funding pursuant to s. 212.20 and for certifying one
195	applicant as the NASCAR Hall of Fame facility in the state.
196	(2)  Prior to certifying the NASCAR Hall of Fame facility,
197	the Office of Tourism, Trade, and Economic Development must
198	determine that:
199	(a)  The NASCAR Hall of Fame facility would be the only
200	NASCAR Hall of Fame in the United States recognized by NASCAR,
201	Inc.
202	(b)  The applicant is a unit of local government as defined
203	in s. 218.369 or a private sector group that has contracted to
204	construct or operate the NASCAR Hall of Fame facility on land
205	owned by a unit of local government.
206	(c)  The municipality in which the NASCAR Hall of Fame
207	facility is located, or the county if the facility is located in
208	an unincorporated area, has certified by resolution after a
209	public hearing that the application serves a public purpose.
210	(d)  There are existing projections that the NASCAR Hall of
211	Fame facility will attract a paid attendance of more than
212	350,000 annually.
213	(e)  There is an independent analysis or study, using
214	methodology approved by the Office of Tourism, Trade, and
215	Economic Development, which demonstrates that the amount of the
216	revenues generated by the taxes imposed under chapter 212 with
217	respect to the use and operation of the NASCAR Hall of Fame
218	facility will equal or exceed $1.2 million annually.
219	(f)  Documentation exists that demonstrates that the
220	applicant has provided, is capable of providing, or has
221	financial or other commitments to provide more than one-half of
222	the cost incurred or related to the improvement and development
223	of the facility.
224	(g)  The application is signed by an official senior
225	executive of the applicant and is notarized according to the
226	laws of this state providing for penalties for falsification.
227	(3)  The applicant may use funds provided pursuant to s.
228	212.20 for the public purpose of paying for the construction,
229	reconstruction, renovation, or operation of the NASCAR Hall of
230	Fame facility, or to pay or pledge for payment of debt service
231	on, or to fund debt service reserve funds, arbitrage rebate
232	obligations, or other amounts payable with respect to, bonds
233	issued for the construction, reconstruction, or renovation of
234	the facility or for the reimbursement of such costs or the
235	refinancing of bonds issued for such purpose.
236	(4)  Upon determining that an applicant will or will not be
237	certified, the  Office of Tourism, Trade, and Economic
238	Development shall notify the applicant of his or her status by
239	means of an official letter. If certified, the secretary shall
240	notify the executive director of the Department of Revenue and
241	the applicant of such certification by means of an official
242	letter granting certification. From the date of such
243	certification, the applicant shall have 5 years to open the
244	NASCAR Hall of Fame facility to the public and notify the Office
245	of Tourism, Trade, and Economic Development of such opening. The
246	Department of Revenue shall not begin distributing funds until
247	30 days following notice by the Office of Tourism, Trade, and
248	Economic Development that the NASCAR Hall of Fame facility is
249	open to the public.
250	(5)  The Department of Revenue may audit as provided in s.
251	213.34, to verify that the distributions under this section have
252	been expended as required by this section.
253	(6)  The Office of Tourism, Trade, and Economic Development
254	must recertify every 10 years that the facility is open,
255	continues to be the only NASCAR Hall of Fame in the United
256	States recognized by NASCAR, Inc., and is meeting the minimum
257	projections for attendance or sales tax revenue as required at
258	the time of original certification.
259	Section 3.  Paragraph (eee) is added to subsection (4) of
260	section 320.08056, Florida Statutes, to read:
261	320.08056  Specialty license plates.--
262	(4)  The following license plate annual use fees shall be
263	collected for the appropriate specialty license plates:
264	(eee)  NASCAR license plate, $25.
265	Section 4.  Subsection (57) is added to section 320.08058,
266	Florida Statutes, to read:
267	320.08058  Specialty license plates.--
268	(57)  NASCAR LICENSE PLATES.--
269	(a)  Notwithstanding the provisions of s. 320.08053, the
270	Department of Highway Safety and Motor Vehicles shall develop a
271	NASCAR license plate as provided in this section. The word
272	"Florida" must appear at the top of the plate. The NASCAR Hall
273	of Fame, after consultation with NASCAR, Inc., and the
274	International Speedway Corporation, may submit a sample plate
275	for consideration by the department. An application fee not to
276	exceed $60,000 as determined and charged by the Department of
277	Highway Safety and Motor Vehicles to defray the department cost
278	of developing the specialty license plate shall be paid to the
279	department by the applicant for the NASCAR Hall of Fame
280	facility.
281	(b)  Eighty-five percent of the annual use fee shall be
282	distributed from the Department of Highway Safety and Motor
283	Vehicles to the Florida Department of Revenue for an amount up
284	to $1.2 million per year to be distributed as provided in s.
285	212.20(6)(d), to offset the monthly tax disbursements for the
286	construction, reconstruction, renovation, or operation of the
287	NASCAR Hall of Fame facility in Daytona Beach, Florida. Annual
288	use fees exceeding $1.2 million annually shall be distributed
289	from the Department of Highway Safety and Motor Vehicles to a
290	Florida not-for-profit entity organized for the purpose of
291	operating and maintaining the NASCAR Hall of Fame facility and
292	such not-for-profit entity shall use revenues for operation,
293	maintenance, and capital improvement to the NASCAR Hall of Fame
294	facility.
295	(c)  Ten percent of the annual use fee shall be distributed
296	by the Department of Highway Safety and Motor Vehicles to
297	NASCAR, Inc., for the purpose of advertising stock car auto
298	racing in this state. Fifteen percent of these advertising funds
299	shall be distributed for the purpose of generic advertising for
300	Florida tourism. Funds under this paragraph shall be distributed
301	in accordance with provisional and final certification as
302	determined by the Office of Tourism, Trade, and Economic
303	Development.
304	(d)  Five percent of the annual use fee shall be
305	distributed by the Department of Highway Safety and Motor
306	Vehicles to NASCAR, Inc., for licensing, royalties, and
307	distribution to a Florida-based children's charity and
308	designated by NASCAR, Inc., that is approved by the Office of
309	Tourism Trade, and Economic Development.
310	Section 5.  This act shall take effect upon becoming a law,
311	except that the creation of ss. 320.08056(4)(eee) and
312	320.08058(57), Florida Statutes, by this act shall take effect
313	30 days after the City of Daytona Beach is designated as the
314	site for the official NASCAR Hall of Fame facility and
315	provisional certification is granted by the Office of Tourism,
316	Trade, and Economic Development.

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