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A bill to be entitled

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An act relating to motorsports entertainment complexes;

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amending s. 212.20, F.S.; requiring that a specified sum

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be distributed monthly to an applicant for certification

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as a motorsports entertainment complex, beginning a

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specified period after certification; limiting the total

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distribution for each fiscal year; providing that

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distributions continue for a specified period; creating s.

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288.1170, F.S.; defining terms; requiring that the Office

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of Tourism, Trade, and Economic Development screen

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applicants for state funding and certify applicants as

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motorsports entertainment complexes; requiring that the

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office adopt rules; requiring that the office make certain

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findings before certifying an applicant; requiring that

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the office make a final determination regarding an

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application for certification within a specified period;

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requiring that the office certify an applicant if the

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applicant meets all requirement for certification;

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providing for notice of certification; requiring that the

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office notify an applicant within a specified period if

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the applicant does not meet certification requirements;

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providing that certain complexes are not eligible for

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additional certification; restricting the use of

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distributed funds by certified complexes to certain

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purposes; authorizing the Department of Revenue to perform

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an audit for certain purposes; providing guidelines for

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such audits; authorizing the department to seek recovery

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of such funds under certain circumstances; providing an

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effective date.

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     WHEREAS, the Legislature finds that Florida has long been

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the preeminent site in the nation for motorsports racing, and

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     WHEREAS, motorsports racing has been a major tourist

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attraction in Florida for nearly 100 years, and

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     WHEREAS, motorsports entertainment is the fastest-growing

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sports industry in the United States, and

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     WHEREAS, as a result of the increased popularity of

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motorsports racing, many new motorsports facilities are being

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constructed in other states, and

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     WHEREAS, to continue to attract spectators to sanctioned

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championship motorsports events, the owner or operator of a

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motorsports entertainment complex must build additional spectator

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seating and renovate existing facilities to improve the amenities

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available to spectators, and

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     WHEREAS, attracting, retaining, and providing favorable

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conditions for conducting sanctioned championship motorsports

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events and the continued development of the motorsports

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entertainment industry in Florida provides skilled-employment

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opportunities for residents of this state, and

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     WHEREAS, continued development and improvement of Florida's

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motorsports entertainment industry is vital to Florida's tourism

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industry and to state revenues, and

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     WHEREAS, the motorsports entertainment industry is a major

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contributor to Florida's economic development because of the

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technology and service businesses that provide goods and services

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to the industry, and

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     WHEREAS, the provisions of this act are necessary to protect

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and strengthen Florida's motorsports entertainment industry, and

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the purposes to be achieved by this act are public purposes vital

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to the protection and improvement of Florida's economy, NOW,

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THEREFORE,

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (d) of subsection (6) of section

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212.20, Florida Statutes, is amended to read:

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     212.20  Funds collected, disposition; additional powers of

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department; operational expense; refund of taxes adjudicated

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unconstitutionally collected.--

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     (6)  Distribution of all proceeds under this chapter and s.

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202.18(1)(b) and (2)(b) shall be as follows:

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     (d)  The proceeds of all other taxes and fees imposed

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pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)

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and (2)(b) shall be distributed as follows:

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     1.  In any fiscal year, the greater of $500 million, minus

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an amount equal to 4.6 percent of the proceeds of the taxes

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collected pursuant to chapter 201, or 5 percent of all other

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taxes and fees imposed pursuant to this chapter or remitted

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pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in

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monthly installments into the General Revenue Fund.

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     2.  Two-tenths of one percent shall be transferred to the

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Ecosystem Management and Restoration Trust Fund to be used for

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water quality improvement and water restoration projects.

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     3.  After the distribution under subparagraphs 1. and 2.,

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8.814 percent of the amount remitted by a sales tax dealer

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located within a participating county pursuant to s. 218.61 shall

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be transferred into the Local Government Half-cent Sales Tax

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Clearing Trust Fund. Beginning July 1, 2003, the amount to be

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transferred pursuant to this subparagraph to the Local Government

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Half-cent Sales Tax Clearing Trust Fund shall be reduced by 0.1

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percent, and the department shall distribute this amount to the

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Public Employees Relations Commission Trust Fund less $5,000 each

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month, which shall be added to the amount calculated in

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subparagraph 4. and distributed accordingly.

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     4.  After the distribution under subparagraphs 1., 2., and

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3., 0.095 percent shall be transferred to the Local Government

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Half-cent Sales Tax Clearing Trust Fund and distributed pursuant

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to s. 218.65.

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     5.  After the distributions under subparagraphs 1., 2., 3.,

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and 4., 2.0440 percent of the available proceeds pursuant to this

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paragraph shall be transferred monthly to the Revenue Sharing

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Trust Fund for Counties pursuant to s. 218.215.

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     6.  After the distributions under subparagraphs 1., 2., 3.,

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and 4., 1.3409 percent of the available proceeds pursuant to this

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paragraph shall be transferred monthly to the Revenue Sharing

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Trust Fund for Municipalities pursuant to s. 218.215. If the

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total revenue to be distributed pursuant to this subparagraph is

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at least as great as the amount due from the Revenue Sharing

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Trust Fund for Municipalities and the former Municipal Financial

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Assistance Trust Fund in state fiscal year 1999-2000, no

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municipality shall receive less than the amount due from the

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Revenue Sharing Trust Fund for Municipalities and the former

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Municipal Financial Assistance Trust Fund in state fiscal year

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1999-2000. If the total proceeds to be distributed are less than

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the amount received in combination from the Revenue Sharing Trust

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Fund for Municipalities and the former Municipal Financial

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Assistance Trust Fund in state fiscal year 1999-2000, each

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municipality shall receive an amount proportionate to the amount

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it was due in state fiscal year 1999-2000.

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     7.  Of the remaining proceeds:

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     a.  In each fiscal year, the sum of $29,915,500 shall be

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divided into as many equal parts as there are counties in the

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state, and one part shall be distributed to each county. The

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distribution among the several counties shall begin each fiscal

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year on or before January 5th and shall continue monthly for a

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total of 4 months. If a local or special law required that any

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moneys accruing to a county in fiscal year 1999-2000 under the

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then-existing provisions of s. 550.135 be paid directly to the

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district school board, special district, or a municipal

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government, such payment shall continue until such time that the

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local or special law is amended or repealed. The state covenants

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with holders of bonds or other instruments of indebtedness issued

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by local governments, special districts, or district school

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boards prior to July 1, 2000, that it is not the intent of this

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subparagraph to adversely affect the rights of those holders or

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relieve local governments, special districts, or district school

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boards of the duty to meet their obligations as a result of

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previous pledges or assignments or trusts entered into which

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obligated funds received from the distribution to county

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governments under then-existing s. 550.135. This distribution

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specifically is in lieu of funds distributed under s. 550.135

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prior to July 1, 2000.

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     b.  The department shall distribute $166,667 monthly

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pursuant to s. 288.1162 to each applicant that has been certified

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as a "facility for a new professional sports franchise" or a

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"facility for a retained professional sports franchise" pursuant

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to s. 288.1162. Up to $41,667 shall be distributed monthly by the

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department to each applicant that has been certified as a

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"facility for a retained spring training franchise" pursuant to

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s. 288.1162; however, not more than $416,670 may be distributed

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monthly in the aggregate to all certified facilities for a

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retained spring training franchise. Distributions shall begin 60

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days following such certification and shall continue for not more

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than 30 years. Nothing contained in this paragraph shall be

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construed to allow an applicant certified pursuant to s. 288.1162

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to receive more in distributions than actually expended by the

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applicant for the public purposes provided for in s. 288.1162(6).

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     c.  Beginning 30 days after notice by the Office of Tourism,

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Trade, and Economic Development to the Department of Revenue that

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an applicant has been certified as the professional golf hall of

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fame pursuant to s. 288.1168 and is open to the public, $166,667

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shall be distributed monthly, for up to 300 months, to the

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applicant.

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     d.  Beginning 30 days after notice by the Office of Tourism,

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Trade, and Economic Development to the Department of Revenue that

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the applicant has been certified as the International Game Fish

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Association World Center facility pursuant to s. 288.1169, and

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the facility is open to the public, $83,333 shall be distributed

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monthly, for up to 168 months, to the applicant. This

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distribution is subject to reduction pursuant to s. 288.1169. A

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lump sum payment of $999,996 shall be made, after certification

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and before July 1, 2000.

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     e. Beginning 30 days after the date on which notice is

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issued by the Office of Tourism, Trade, and Economic Development

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to the Department of Revenue that an applicant has been certified

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as a motorsports entertainment complex pursuant to s. 288.1170

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and is open to the public, an amount not to exceed $166,667 shall

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be distributed monthly to the applicant. However, each state

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fiscal year's total distribution made pursuant to this sub-

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subparagraph may not exceed the difference between the state

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sales taxes collected and remitted pursuant to this chapter by

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the certified applicant in the previous calendar year and state

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sales taxes collected and remitted pursuant to this chapter by

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the certified applicant in calendar year 2000. Distributions

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shall continue for 30 years.

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     8.  All other proceeds shall remain with the General Revenue

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Fund.

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     Section 2.  Section 288.1170, Florida Statutes, is created

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to read:

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     288.1170 Motorsports entertainment complex; definitions;

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certification; duties.--

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     (1) As used in this section, the term:

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     (a) "Applicant" means the owner of a motorsports

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entertainment complex.

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     (b) "Motorsports entertainment complex" means a closed-

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course racing facility, with ancillary grounds and facilities,

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that:

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     1. Has no fewer than 65,000 permanent seats for race

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patrons;

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     2. Has no less than 7 scheduled days of motorsports events

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each calendar year;

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     3. Has paid admissions of at least 125,000 annually;

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     4. Serves food at the facility during sanctioned

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motorsports events; and

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     5. Engages in tourism promotion.

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     (c) "Motorsports event" means a motorsports race and its

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ancillary activities which have been sanctioned by a sanctioning

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body.

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     (d) "Office" means the Office of Tourism, Trade, and

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Economic Development of the Executive Office of the Governor.

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     (e) "Owner" means a unit of local government that owns a

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motorsports entertainment complex or owns the land on which the

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motorsports entertainment complex is located.

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     (f) "Sanctioning body" means the American Motorcyclist

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Association (AMA), Championship Auto Racing Teams (CART), Grand

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American Road Racing Association (Grand-Am), Indy Racing League

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(IRL), National Association for Stock Car Auto Racing (NASCAR),

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National Hot Rod Association (NHRA), Professional Sports Car

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Racing (PSCR), Sports Car Club of America (SCCA), United States

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Auto Club (USAC), any successor organization, or any other

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nationally recognized governing body of motorsports that

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establishes an annual schedule of motorsports events and grants

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rights to conduct such events, has established and administers

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rules and regulations governing all participants involved in such

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events and all persons conducting such events, and requires

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certain liability assurances, including insurance.

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     (g) "Unit of local government" has the same meaning as

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provided in s. 218.369.

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     (2) The office shall screen applicants for state funding

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pursuant to s. 212.20 and certify applicants as motorsports

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entertainment complexes. The office shall develop and adopt rules

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for the receipt and processing of applications for funding

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pursuant to s. 212.20. The office shall make a determination

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regarding any application filed by an applicant no later than 120

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days after the date on which the application is filed.

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     (3) Before certifying an applicant as a motorsports

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entertainment complex, the office must find that:

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     (a) A unit of local government holds title to the land on

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which the motorsports entertainment complex is located or holds

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title to the motorsports entertainment complex.

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     (b) Seven scheduled days of motorsports events were held at

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the motorsports entertainment complex in the most recently

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completed calendar year or 7 scheduled days of motorsports events

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are scheduled to be held at the motorsports entertainment complex

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in the calendar year that begins after the submission of the

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application. The applicant shall submit certifications from the

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appropriate officials of the relevant sanctioning bodies that

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such sanctioned motorsports events were or will be held at the

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motorsports entertainment complex.

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     (c) The applicant is able to provide a certification by a

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nationally recognized, independent certified public accounting

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firm that the motorsports entertainment complex will attract paid

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attendance of at least 125,000 annually, or in the most recently

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completed calendar year has attracted paid attendance of at least

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125,000.

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     (d) The applicant is able to provide a certification by a

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nationally recognized, independent certified public accounting

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firm that the amount of the revenues generated by the taxes

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imposed under chapter 212 with respect to the use and operation

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of the motorsports entertainment complex will equal or exceed $1

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million annually.

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     (e) The municipality in which the motorsports entertainment

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complex is located, or the county in which the motorsports

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entertainment complex is located if such complex is located in an

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unincorporated area, has certified by resolution after a public

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hearing that certification of the application serves a public

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purpose.

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     (f) The motorsports entertainment complex is located in a

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county as defined in s. 125.011(1).

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     (4) Upon determining that an applicant meets the

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requirements of subsection (3), the office shall certify the

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applicant as a motorsports entertainment complex and shall notify

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the applicant and the executive director of the Department of

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Revenue of such certification by means of an official letter

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granting certification. If the applicant fails to meet the

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certification requirements of subsection (3), the office shall

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notify the applicant no later than 10 days after the date on

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which such determination is made.

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     (5) A motorsports entertainment complex that has been

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previously certified under this section and has received funding

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under such certification is not eligible for any additional

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certification.

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     (6) An applicant certified as a motorsports entertainment

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complex may use funds provided pursuant to s. 212.20 only for the

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following public purposes:

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     (a) Paying for the construction, reconstruction, expansion,

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or renovation of a motorsports entertainment complex.

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     (b) Paying debt service reserve funds, arbitrage rebate

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obligations, or other amounts payable with respect to bonds

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issued for the construction, reconstruction, expansion, or

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renovation of the motorsports entertainment complex or for the

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reimbursement of such costs or the refinancing of bonds issued

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for such purposes.

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     (c) Paying for construction, reconstruction, expansion, or

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renovation of transportation or other infrastructure improvements

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related to, necessary for, or appurtenant to the motorsports

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entertainment complex, including, but not limited to, paying debt

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service reserve funds, arbitrage rebate obligations, or other

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amounts payable with respect to bonds issued for the

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construction, reconstruction, expansion, or renovation of such

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transportation or other infrastructure improvements, and for the

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reimbursement of such costs or the refinancing of bonds issued

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for such purposes.

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     (d) Paying for programs of advertising and promotion of or

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related to the motorsports entertainment complex or the

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municipality in which the motorsports entertainment complex is

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located, or the county in which the motorsports entertainment

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complex is located if such complex is located in an

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unincorporated area, provided such programs of advertising and

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promotion are designed to increase paid attendance at the

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motorsports entertainment complex or increase tourism in or

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promote the economic development of the community in which the

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motorsports entertainment complex is located.

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     (7) The Department of Revenue may perform an audit, as

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provided in s. 213.34, to verify that the distributions described

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in this section have been expended as required in this section.

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All provisions of chapter 213 shall apply to such audits. If the

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department determines that the distributions pursuant to

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certification under this section have not been expended as

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required by this section, the department may pursue recovery of

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such funds pursuant to the laws and rules governing the

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assessment of taxes.

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     Section 3.  This act shall take effect July 1, 2008.