HB 633

1
A bill to be entitled
2An act relating to motorsports entertainment complexes;
3amending s. 212.20, F.S.; providing for distribution of a
4portion of revenues from the tax on sales, use, and other
5transactions to a certified motorsports entertainment
6complex; providing a limit on such distributions; creating
7s. 288.11695, F.S.; providing definitions; providing for
8certification of motorsports entertainment complexes by
9the Office of Tourism, Trade, and Economic Development of
10the Executive Office of the Governor; prohibiting a
11motorsports entertainment complex from receiving more than
12one funded certification; providing requirements for
13certification; requiring specified notice; providing for
14use of the funds distributed to a motorsports
15entertainment complex; authorizing audits by the
16Department of Revenue; providing an effective date.
17
18     WHEREAS, the Legislature finds that Florida has long been
19the preeminent site in the nation for motorsports racing, and
20     WHEREAS, motorsports racing has been a major tourist
21attraction in Florida for nearly 100 years, and
22     WHEREAS, motorsports entertainment is the fastest growing
23sports industry in the United States, and
24     WHEREAS, as a result of the increased popularity of
25motorsports racing, many new motorsports facilities are being
26constructed in other states, and
27     WHEREAS, to continue to attract spectators to sanctioned
28championship motorsports events, the owner or operator of a
29motorsports entertainment complex must build additional
30spectator seating and renovate existing facilities to improve
31the amenities available to spectators, and
32     WHEREAS, attracting, retaining, and providing favorable
33conditions for conducting sanctioned championship motorsports
34events and the continued development of the motorsports
35entertainment industry in Florida provides skilled employment
36opportunities for citizens of this state, and
37     WHEREAS, continued development and improvement of Florida's
38motorsports entertainment industry is vital to Florida's tourism
39industry and to state revenues, and
40     WHEREAS, the motorsports entertainment industry is a major
41contributor to Florida's economic development because of the
42technology and service businesses that provide goods and
43services to the industry, and
44     WHEREAS, the provisions of this act are necessary to
45protect and strengthen Florida's motorsports entertainment
46industry, and the purposes to be achieved by this act are
47predominately public purposes vital to the protection and
48improvement of Florida's economy, NOW, THEREFORE,
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Paragraph (d) of subsection (6) of section
53212.20, Florida Statutes, is amended to read:
54     212.20  Funds collected, disposition; additional powers of
55department; operational expense; refund of taxes adjudicated
56unconstitutionally collected.--
57     (6)  Distribution of all proceeds under this chapter and s.
58202.18(1)(b) and (2)(b) shall be as follows:
59     (d)  The proceeds of all other taxes and fees imposed
60pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
61and (2)(b) shall be distributed as follows:
62     1.  In any fiscal year, the greater of $500 million, minus
63an amount equal to 4.6 percent of the proceeds of the taxes
64collected pursuant to chapter 201, or 5 percent of all other
65taxes and fees imposed pursuant to this chapter or remitted
66pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
67monthly installments into the General Revenue Fund.
68     2.  Two-tenths of one percent shall be transferred to the
69Ecosystem Management and Restoration Trust Fund to be used for
70water quality improvement and water restoration projects.
71     3.  After the distribution under subparagraphs 1. and 2.,
728.814 percent of the amount remitted by a sales tax dealer
73located within a participating county pursuant to s. 218.61
74shall be transferred into the Local Government Half-cent Sales
75Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
76be transferred pursuant to this subparagraph to the Local
77Government Half-cent Sales Tax Clearing Trust Fund shall be
78reduced by 0.1 percent, and the department shall distribute this
79amount to the Public Employees Relations Commission Trust Fund
80less $5,000 each month, which shall be added to the amount
81calculated in subparagraph 4. and distributed accordingly.
82     4.  After the distribution under subparagraphs 1., 2., and
833., 0.095 percent shall be transferred to the Local Government
84Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
85to s. 218.65.
86     5.  After the distributions under subparagraphs 1., 2., 3.,
87and 4., 2.0440 percent of the available proceeds pursuant to
88this paragraph shall be transferred monthly to the Revenue
89Sharing Trust Fund for Counties pursuant to s. 218.215.
90     6.  After the distributions under subparagraphs 1., 2., 3.,
91and 4., 1.3409 percent of the available proceeds pursuant to
92this paragraph shall be transferred monthly to the Revenue
93Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
94the total revenue to be distributed pursuant to this
95subparagraph is at least as great as the amount due from the
96Revenue Sharing Trust Fund for Municipalities and the former
97Municipal Financial Assistance Trust Fund in state fiscal year
981999-2000, no municipality shall receive less than the amount
99due from the Revenue Sharing Trust Fund for Municipalities and
100the former Municipal Financial Assistance Trust Fund in state
101fiscal year 1999-2000. If the total proceeds to be distributed
102are less than the amount received in combination from the
103Revenue Sharing Trust Fund for Municipalities and the former
104Municipal Financial Assistance Trust Fund in state fiscal year
1051999-2000, each municipality shall receive an amount
106proportionate to the amount it was due in state fiscal year
1071999-2000.
108     7.  Of the remaining proceeds:
109     a.  In each fiscal year, the sum of $29,915,500 shall be
110divided into as many equal parts as there are counties in the
111state, and one part shall be distributed to each county. The
112distribution among the several counties shall begin each fiscal
113year on or before January 5th and shall continue monthly for a
114total of 4 months. If a local or special law required that any
115moneys accruing to a county in fiscal year 1999-2000 under the
116then-existing provisions of s. 550.135 be paid directly to the
117district school board, special district, or a municipal
118government, such payment shall continue until such time that the
119local or special law is amended or repealed. The state covenants
120with holders of bonds or other instruments of indebtedness
121issued by local governments, special districts, or district
122school boards prior to July 1, 2000, that it is not the intent
123of this subparagraph to adversely affect the rights of those
124holders or relieve local governments, special districts, or
125district school boards of the duty to meet their obligations as
126a result of previous pledges or assignments or trusts entered
127into which obligated funds received from the distribution to
128county governments under then-existing s. 550.135. This
129distribution specifically is in lieu of funds distributed under
130s. 550.135 prior to July 1, 2000.
131     b.  The department shall distribute $166,667 monthly
132pursuant to s. 288.1162 to each applicant that has been
133certified as a "facility for a new professional sports
134franchise" or a "facility for a retained professional sports
135franchise" pursuant to s. 288.1162. Up to $41,667 shall be
136distributed monthly by the department to each applicant that has
137been certified as a "facility for a retained spring training
138franchise" pursuant to s. 288.1162; however, not more than
139$416,670 may be distributed monthly in the aggregate to all
140certified facilities for a retained spring training franchise.
141Distributions shall begin 60 days following such certification
142and shall continue for not more than 30 years. Nothing contained
143in this paragraph shall be construed to allow an applicant
144certified pursuant to s. 288.1162 to receive more in
145distributions than actually expended by the applicant for the
146public purposes provided for in s. 288.1162(6).
147     c.  Beginning 30 days after notice by the Office of
148Tourism, Trade, and Economic Development to the Department of
149Revenue that an applicant has been certified as the professional
150golf hall of fame pursuant to s. 288.1168 and is open to the
151public, $166,667 shall be distributed monthly, for up to 300
152months, to the applicant.
153     d.  Beginning 30 days after notice by the Office of
154Tourism, Trade, and Economic Development to the Department of
155Revenue that the applicant has been certified as the
156International Game Fish Association World Center facility
157pursuant to s. 288.1169, and the facility is open to the public,
158$83,333 shall be distributed monthly, for up to 168 months, to
159the applicant. This distribution is subject to reduction
160pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
161made, after certification and before July 1, 2000.
162     e.  Beginning 30 days after notice by the Office of
163Tourism, Trade, and Economic Development to the Department of
164Revenue that an applicant has been certified as a motorsports
165entertainment complex pursuant to s. 288.11695 and is open to
166the public, an amount not to exceed $166,667 shall be
167distributed monthly to the applicant. However, each state fiscal
168year's total distribution made pursuant to this sub-subparagraph
169shall not exceed the difference between the state sales taxes
170collected and remitted pursuant to this chapter by the certified
171applicant in the previous calendar year and state sales taxes
172collected and remitted pursuant to this chapter by the certified
173applicant in calendar year 2000. Distributions shall continue
174for 30 years.
175     8.  All other proceeds shall remain with the General
176Revenue Fund.
177     Section 2.  Section 288.11695, Florida Statutes, is created
178to read:
179     288.11695  Motorsports entertainment complex; definitions;
180certification; duties.--
181     (1)  As used in this section:
182     (a)  "Applicant" means the owner of a motorsports
183entertainment complex.
184     (b)  "Motorsports entertainment complex" means a closed-
185course racing facility, with ancillary grounds and facilities,
186which:
187     1.  Has not fewer than 65,000 permanent seats for race
188patrons.
189     2.  Has not fewer than 7 scheduled days of motorsports
190events each calendar year.
191     3.  Has paid admissions of at least 125,000 annually.
192     4.  Serves food at the facility during sanctioned
193motorsports events.
194     5.  Engages in tourism promotion.
195     (c)  "Motorsports event" means a motorsports race and its
196ancillary activities which have been sanctioned by a sanctioning
197body.
198     (d)  "Office" means the Office of Tourism, Trade, and
199Economic Development of the Executive Office of the Governor.
200     (e)  "Owner" means a unit of local government that owns a
201motorsports entertainment complex or owns the land on which the
202motorsports entertainment complex is located.
203     (f)  "Sanctioning body" means the American Motorcyclist
204Association (AMA), Championship Auto Racing Teams (CART), Grand
205American Road Racing Association (Grand-Am), Indy Racing League
206(IRL), National Association for Stock Car Auto Racing (NASCAR),
207National Hot Rod Association (NHRA), Professional Sports Car
208Racing (PSCR), Sports Car Club of America (SCCA), United States
209Auto Club (USAC), any successor organization, or any other
210nationally recognized governing body of motorsports that
211establishes an annual schedule of motorsports events and grants
212rights to conduct such events, has established and administers
213rules and regulations governing all participants involved in
214such events and all persons conducting such events, and requires
215certain liability assurances, including insurance.
216     (g)  "Unit of local government" has the same meaning as
217provided in s. 218.369.
218     (2)  The office shall serve as the state agency for
219screening applicants for state funding pursuant to s. 212.20 and
220for certifying an applicant as a motorsports entertainment
221complex. The office shall develop and adopt rules for the
222receipt and processing of applications for funding pursuant to
223s. 212.20. The office shall make a determination regarding any
224application filed by an applicant not later than 120 days after
225the application is filed.
226     (3)  Prior to certifying an applicant as a motorsports
227entertainment complex, the office must determine that:
228     (a)  A unit of local government holds title to the land on
229which the motorsports entertainment complex is located or holds
230title to the motorsports entertainment complex.
231     (b)  Seven scheduled days of motorsports events were held
232at the motorsports entertainment complex in the most recently
233completed calendar year or 7 scheduled days of motorsports
234events are scheduled to be held at the motorsports entertainment
235complex in the calendar year that begins after the submission of
236the application. The applicant shall submit certifications from
237the appropriate officials of the relevant sanctioning bodies
238that such sanctioned motorsports events were or will be held at
239the motorsports entertainment complex.
240     (c)  The applicant can provide a certification by a
241nationally recognized, independent certified public accounting
242firm that the motorsports entertainment complex will attract, or
243in the most recently completed calendar year has attracted, paid
244attendance of at least 125,000 annually.
245     (d)  The applicant can provide a certification by a
246nationally recognized, independent certified public accounting
247firm that the amount of the revenues generated by the taxes
248imposed under chapter 212 with respect to the use and operation
249of the motorsports entertainment complex will equal or exceed $1
250million annually.
251     (e)  The municipality in which the motorsports
252entertainment complex is located, or the county if the
253motorsports entertainment complex is located in an
254unincorporated area, has certified by resolution after a public
255hearing that the application serves a public purpose.
256     (f)  The motorsports entertainment complex is located in a
257county as defined in s. 125.011(1).
258     (4)  Upon determining that an applicant meets the
259requirements of subsection (3), the office shall certify the
260applicant as a motorsports entertainment complex and shall
261notify the applicant and the executive director of the
262Department of Revenue of such certification by means of an
263official letter granting certification. If the applicant fails
264to meet the certification requirements of subsection (3), the
265office shall notify the applicant not later than 10 days
266following such determination.
267     (5)  No motorsports entertainment complex that has been
268previously certified under this section and has received funding
269under such certification shall be eligible for any additional
270certification.
271     (6)  An applicant certified as a motorsports entertainment
272complex may use funds provided pursuant to s. 212.20 only for
273the following public purposes:
274     (a)  Paying for the construction, reconstruction,
275expansion, or renovation of a motorsports entertainment complex.
276     (b)  Paying debt service reserve funds, arbitrage rebate
277obligations, or other amounts payable with respect to bonds
278issued for the construction, reconstruction, expansion, or
279renovation of the motorsports entertainment complex or for the
280reimbursement of such costs or the refinancing of bonds issued
281for such purposes.
282     (c)  Paying for construction, reconstruction, expansion, or
283renovation of transportation or other infrastructure
284improvements related to, necessary for, or appurtenant to the
285motorsports entertainment complex, including, without
286limitation, paying debt service reserve funds, arbitrage rebate
287obligations, or other amounts payable with respect to bonds
288issued for the construction, reconstruction, expansion, or
289renovation of such transportation or other infrastructure
290improvements and for the reimbursement of such costs or the
291refinancing of bonds issued for such purposes.
292     (d)  Paying for programs of advertising and promotion of or
293related to the motorsports entertainment complex or the
294municipality in which the motorsports entertainment complex is
295located, or the county if the motorsports entertainment complex
296is located in an unincorporated area, provided such programs of
297advertising and promotion are designed to increase paid
298attendance at the motorsports entertainment complex or increase
299tourism in or promote the economic development of the community
300in which the motorsports entertainment complex is located.
301     (7)  The Department of Revenue may audit, as provided in s.
302213.34, to verify that the distributions pursuant to this
303section have been expended as required in this section. All
304other provisions of chapter 213 shall apply to such audits. If
305the Department of Revenue determines that the distributions
306pursuant to certification under this section have not been
307expended as required by this section, the department may pursue
308recovery of such funds pursuant to the laws and rules governing
309the assessment of taxes.
310     Section 3.  This act shall take effect July 1, 2008.


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