Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. HB 7089
                        Barcode 624416
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 3/RE/3R          .                    
       05/04/2006 06:04 PM         .                    
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11  Senator Fasano moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Between lines 246 and 247,
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16  insert:  
17         Section 3.  Subsection (2) of section 218.61, Florida
18  Statutes, is amended to read:
19         218.61  Local government half-cent sales tax;
20  designated proceeds; trust fund.--
21         (2)  Money remitted by a sales tax dealer located
22  within the county and transferred into the Local Government
23  Half-cent Sales Tax Clearing Trust Fund shall be earmarked for
24  distribution to the governing body of that county and of each
25  municipality within that county. Such distributions shall be
26  made after funding is provided pursuant to s. 218.64(3), if
27  applicable. Such moneys shall be known as the "local
28  government half-cent sales tax."
29         Section 4.  Present subsection (3) of section 218.64,
30  Florida Statutes, is redesignated as subsection (4), and a new
31  subsection (3) is added to that section, to read:
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    2:12 PM   05/03/06                             h708900c-11-j02

Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7089 Barcode 624416 1 218.64 Local government half-cent sales tax; uses; 2 limitations.-- 3 (3) Subject to ordinances enacted by the majority of 4 the members of the county governing authority and by the 5 majority of the members of the governing authorities of 6 municipalities representing at least 50 percent of the 7 municipal population of such county, counties may use up to $2 8 million annually of the local government half-cent sales tax 9 allocated to that county for funding for any of the following 10 applicants: 11 (a) A certified applicant as a "facility for a new 12 professional sports franchise," a "facility for a retained 13 professional sports franchise," or a "facility for a retained 14 spring training franchise," as provided for in s. 288.1162. It 15 is the Legislature's intent that the provisions of s. 16 288.1162, including, but not limited to, the evaluation 17 process by the Office of Tourism, Trade, and Economic 18 Development except for the limitation on the number of 19 certified applicants or facilities as provided in that section 20 and the restrictions set forth in s. 288.1162(9), shall apply 21 to an applicant's facility to be funded by local government as 22 provided in this subsection. 23 (b) A certified applicant as a "motorsport 24 entertainment complex," as provided for in s. 288.1172. 25 Funding for each franchise, convention center, or motorsport 26 complex shall begin 60 days after certification and shall 27 continue for not more than 30 years. 28 Section 5. Section 288.1171, Florida Statutes, is 29 created to read: 30 288.1171 Motorsports entertainment complex; 31 definitions; certification; duties.-- 2 2:12 PM 05/03/06 h708900c-11-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7089 Barcode 624416 1 (1) As used in this section, the term: 2 (a) "Applicant" means the owner of a motorsports 3 entertainment complex. 4 (b) "Motorsports entertainment complex" means a 5 closed-course racing facility. 6 (c) "Motorsports event" means a motorsports race that 7 has been sanctioned by a sanctioning body. 8 (d) "Office" means the Office of Tourism, Trade, and 9 Economic Development of the Executive Office of the Governor. 10 (e) "Owner" means a unit of local government which 11 owns a motorsports entertainment complex or owns the land on 12 which the motorsports entertainment complex is located. 13 (f) "Sanctioning body" means the American Motorcycle 14 Association (AMA), Championship Auto Racing Teams (CART), 15 Grand American Road Racing Association (Grand Am), Indy Racing 16 League (IRL), National Association for Stock Car Auto Racing 17 (NASCAR), National Hot Rod Association (NHRA), Professional 18 Sportscar Racing (PSR), Sports Car Club of America (SCCA), 19 United States Auto Club (USAC), or any successor organization, 20 or any other nationally recognized governing body of 21 motorsports which establishes an annual schedule of 22 motorsports events and grants rights to conduct such events, 23 has established and administers rules and regulations 24 governing all participants involved in such events and all 25 persons conducting such events, and requires certain liability 26 assurances, including insurance. 27 (g) "Unit of local government" has the meaning 28 ascribed in s. 218.369. 29 (2) The Office of Tourism, Trade, and Economic 30 Development shall serve as the state agency for screening 31 applicants for local-option funding under s. 218.64(3) and for 3 2:12 PM 05/03/06 h708900c-11-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7089 Barcode 624416 1 certifying an applicant as a motorsports entertainment 2 complex. The office shall develop and adopt rules for the 3 receipt and processing of applications for funding under s. 4 218.64(3). The office shall make a determination regarding any 5 application filed by an applicant not later than 120 days 6 after the application is filed. 7 (3) Before certifying an applicant as a motorsports 8 entertainment complex, the office must determine that: 9 (a) A unit of local government holds title to the land 10 on which the motorsports entertainment complex is located or 11 holds title to the motorsports entertainment complex. 12 (b) The municipality in which the motorsports 13 entertainment complex is located, or the county if the 14 motorsports entertainment complex is located in an 15 unincorporated area, has certified by resolution after a 16 public hearing that the application serves a public purpose. 17 (4) Upon determining that an applicant meets the 18 requirements of subsection (3), the office shall notify the 19 applicant and the executive director of the Department of 20 Revenue of such certification by means of an official letter 21 granting certification. If the applicant fails to meet the 22 certification requirements of subsection (3), the office shall 23 notify the applicant not later than 10 days following such 24 determination. 25 (5) A motorsports entertainment complex that has been 26 previously certified under this section and has received 27 funding under such certification is ineligible for any 28 additional certification. 29 (6) An applicant certified as a motorsports 30 entertainment complex may use funds provided pursuant to s. 31 218.64(3) only for the following public purposes: 4 2:12 PM 05/03/06 h708900c-11-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7089 Barcode 624416 1 (a) Paying for the construction, reconstruction, 2 expansion, or renovation of a motorsports entertainment 3 complex. 4 (b) Paying debt service reserve funds, arbitrage 5 rebate obligations, or other amounts payable with respect to 6 bonds issued for the construction, reconstruction, expansion, 7 or renovation of the motorsports entertainment complex or for 8 the reimbursement of such costs or the refinancing of bonds 9 issued for such purposes. 10 (c) Paying for construction, reconstruction, 11 expansion, or renovation of transportation or other 12 infrastructure improvements related to, necessary for, or 13 appurtenant to the motorsports entertainment complex, 14 including, without limitation, paying debt service reserve 15 funds, arbitrage rebate obligations, or other amounts payable 16 with respect to bonds issued for the construction, 17 reconstruction, expansion, or renovation of such 18 transportation or other infrastructure improvements, and for 19 the reimbursement of such costs or the refinancing of bonds 20 issued for such purposes. 21 (d) Paying for programs of advertising and promotion 22 of or related to the motorsports entertainment complex or the 23 municipality in which the motorsports entertainment complex is 24 located, or the county if the motorsports entertainment 25 complex is located in an unincorporated area, if such programs 26 of advertising and promotion are designed to increase paid 27 attendance at the motorsports entertainment complex or 28 increase tourism in or promote the economic development of the 29 community in which the motorsports entertainment complex is 30 located. 31 (7) The Department of Revenue may audit, as provided 5 2:12 PM 05/03/06 h708900c-11-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7089 Barcode 624416 1 in s. 213.34, to verify that the distributions pursuant to 2 this section have been expended as required in this section. 3 Such information is subject to the confidentiality 4 requirements of chapter 213. If the Department of Revenue 5 determines that the distributions pursuant to certification 6 under this section have not been expended as required by this 7 section, it may pursue recovery of such funds pursuant to the 8 laws and rules governing the assessment of taxes. 9 10 (Redesignate subsequent sections.) 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 On line 13, after the semicolon, 16 17 insert: 18 amending s. 218.61, F.S.; providing that 19 distributions of the local government half-cent 20 sales tax to the governing body of a county and 21 of each municipality be made after funding is 22 provided pursuant to s. 218.64(3), F.S., if 23 applicable; amending s. 218.64, F.S.; 24 authorizing counties and certain municipalities 25 within such counties to use up to $2 million 26 annually from local government half-cent sales 27 tax distributions for funding for a certified 28 facility for a new professional sports 29 franchise, a facility for a retained 30 professional sports franchise, a facility for a 31 retained spring training franchise, or a 6 2:12 PM 05/03/06 h708900c-11-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7089 Barcode 624416 1 motorsports entertainment complex; creating s. 2 288.1171, F.S.; providing for the certification 3 of motorsports entertainment complexes by the 4 Office of Tourism, Trade, and Economic 5 Development of the Executive Office of the 6 Governor; providing definitions; providing 7 requirements for certification; requiring 8 specified notice; providing for use of the 9 funds distributed to a motorsports 10 entertainment complex; providing for audits by 11 the Department of Revenue; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 2:12 PM 05/03/06 h708900c-11-j02