Florida Senate - 2009 SB 132 By Senator Bullard 39-00232-09 2009132__ 1 A bill to be entitled 2 An act relating to motorsports entertainment 3 complexes; amending s. 212.20, F.S.; requiring that a 4 specified sum be distributed monthly to an applicant 5 for certification as a motorsports entertainment 6 complex, beginning a specified period after 7 certification; limiting the total distribution for 8 each fiscal year; providing that distributions 9 continue for a specified period; creating s. 10 288.11695, F.S.; defining terms; requiring that the 11 Office of Tourism, Trade, and Economic Development 12 screen applicants for state funding and certify 13 applicants as motorsports entertainment complexes; 14 requiring that the office adopt rules; requiring that 15 the office make certain findings before certifying an 16 applicant; requiring that the office make a final 17 determination regarding an application for 18 certification within a specified period; requiring 19 that the office certify an applicant if the applicant 20 meets all requirement for certification; providing for 21 notice of certification; requiring that the office 22 notify an applicant within a specified period if the 23 applicant does not meet certification requirements; 24 providing that certain complexes are not eligible for 25 additional certification; restricting the use of 26 distributed funds by certified complexes to certain 27 purposes; authorizing the Department of Revenue to 28 perform an audit for certain purposes; providing 29 guidelines for such audits; authorizing the department 30 to seek recovery of such funds under certain 31 circumstances; providing an effective date. 32 33 WHEREAS, the Legislature finds that Florida has long been 34 the preeminent site in the nation for motorsports racing, and 35 WHEREAS, motorsports racing has been a major tourist 36 attraction in Florida for nearly 100 years, and 37 WHEREAS, motorsports entertainment is the fastest-growing 38 sports industry in the United States, and 39 WHEREAS, as a result of the increased popularity of 40 motorsports racing, many new motorsports facilities are being 41 constructed in other states, and 42 WHEREAS, in order to continue to attract spectators to 43 sanctioned championship motorsports events, the owner or 44 operator of a motorsports entertainment complex must build 45 additional spectator seating and renovate existing facilities to 46 improve the amenities available to spectators, and 47 WHEREAS, attracting, retaining, and providing favorable 48 conditions for conducting sanctioned championship motorsports 49 events and the continued development of the motorsports 50 entertainment industry in Florida provides skilled-employment 51 opportunities for residents of this state, and 52 WHEREAS, continued development and improvement of Florida's 53 motorsports entertainment industry is vital to Florida's tourism 54 industry and to state revenues, and 55 WHEREAS, the motorsports entertainment industry is a major 56 contributor to Florida's economic development because of the 57 technology and service businesses that provide goods and 58 services to the industry, and 59 WHEREAS, the provisions of this act are necessary to 60 protect and strengthen Florida's motorsports entertainment 61 industry, and the purposes to be achieved by this act are public 62 purposes vital to the protection and improvement of Florida's 63 economy, NOW, THEREFORE, 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67 Section 1. Paragraph (d) of subsection (6) of section 68 212.20, Florida Statutes, is amended to read: 69 212.20 Funds collected, disposition; additional powers of 70 department; operational expense; refund of taxes adjudicated 71 unconstitutionally collected.— 72 (6) Distribution of all proceeds under this chapter and s. 73 202.18(1)(b) and (2)(b) shall be as follows: 74 (d) The proceeds of all other taxes and fees imposed 75 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) 76 and (2)(b) shall be distributed as follows: 77 1. In any fiscal year, the greater of $500 million, minus 78 an amount equal to 4.6 percent of the proceeds of the taxes 79 collected pursuant to chapter 201, or 5 percent of all other 80 taxes and fees imposed pursuant to this chapter or remitted 81 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in 82 monthly installments into the General Revenue Fund. 83 2. Two-tenths of one percent shall be transferred to the 84 Ecosystem Management and Restoration Trust Fund to be used for 85 water quality improvement and water restoration projects. 86 3. After the distribution under subparagraphs 1. and 2., 87 8.814 percent of the amount remitted by a sales tax dealer 88 located within a participating county pursuant to s. 218.61 89 shall be transferred into the Local Government Half-cent Sales 90 Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to 91 be transferred pursuant to this subparagraph to the Local 92 Government Half-cent Sales Tax Clearing Trust Fund shall be 93 reduced by 0.1 percent, and the department shall distribute this 94 amount to the Public Employees Relations Commission Trust Fund 95 less $5,000 each month, which shall be added to the amount 96 calculated in subparagraph 4. and distributed accordingly. 97 4. After the distribution under subparagraphs 1., 2., and 98 3., 0.095 percent shall be transferred to the Local Government 99 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant 100 to s. 218.65. 101 5. After the distributions under subparagraphs 1., 2., 3., 102 and 4., 2.0440 percent of the available proceeds pursuant to 103 this paragraph shall be transferred monthly to the Revenue 104 Sharing Trust Fund for Counties pursuant to s. 218.215. 105 6. After the distributions under subparagraphs 1., 2., 3., 106 and 4., 1.3409 percent of the available proceeds pursuant to 107 this paragraph shall be transferred monthly to the Revenue 108 Sharing Trust Fund for Municipalities pursuant to s. 218.215. If 109 the total revenue to be distributed pursuant to this 110 subparagraph is at least as great as the amount due from the 111 Revenue Sharing Trust Fund for Municipalities and the former 112 Municipal Financial Assistance Trust Fund in state fiscal year 113 1999-2000, no municipality shall receive less than the amount 114 due from the Revenue Sharing Trust Fund for Municipalities and 115 the former Municipal Financial Assistance Trust Fund in state 116 fiscal year 1999-2000. If the total proceeds to be distributed 117 are less than the amount received in combination from the 118 Revenue Sharing Trust Fund for Municipalities and the former 119 Municipal Financial Assistance Trust Fund in state fiscal year 120 1999-2000, each municipality shall receive an amount 121 proportionate to the amount it was due in state fiscal year 122 1999-2000. 123 7. Of the remaining proceeds: 124 a. In each fiscal year, the sum of $29,915,500 shall be 125 divided into as many equal parts as there are counties in the 126 state, and one part shall be distributed to each county. The 127 distribution among the several counties shall begin each fiscal 128 year on or before January 5th and shall continue monthly for a 129 total of 4 months. If a local or special law required that any 130 moneys accruing to a county in fiscal year 1999-2000 under the 131 then-existing provisions of s. 550.135 be paid directly to the 132 district school board, special district, or a municipal 133 government, such payment shall continue until such time that the 134 local or special law is amended or repealed. The state covenants 135 with holders of bonds or other instruments of indebtedness 136 issued by local governments, special districts, or district 137 school boards prior to July 1, 2000, that it is not the intent 138 of this subparagraph to adversely affect the rights of those 139 holders or relieve local governments, special districts, or 140 district school boards of the duty to meet their obligations as 141 a result of previous pledges or assignments or trusts entered 142 into which obligated funds received from the distribution to 143 county governments under then-existing s. 550.135. This 144 distribution specifically is in lieu of funds distributed under 145 s. 550.135 prior to July 1, 2000. 146 b. The department shall distribute $166,667 monthly 147 pursuant to s. 288.1162 to each applicant that has been 148 certified as a “facility for a new professional sports 149 franchise” or a “facility for a retained professional sports 150 franchise” pursuant to s. 288.1162. Up to $41,667 shall be 151 distributed monthly by the department to each applicant that has 152 been certified as a “facility for a retained spring training 153 franchise” pursuant to s. 288.1162; however, not more than 154 $416,670 may be distributed monthly in the aggregate to all 155 certified facilities for a retained spring training franchise. 156 Distributions shall begin 60 days following such certification 157 and shall continue for not more than 30 years. Nothing contained 158 in this paragraph shall be construed to allow an applicant 159 certified pursuant to s. 288.1162 to receive more in 160 distributions than actually expended by the applicant for the 161 public purposes provided for in s. 288.1162(6). 162 c. Beginning 30 days after notice by the Office of Tourism, 163 Trade, and Economic Development to the Department of Revenue 164 that an applicant has been certified as the professional golf 165 hall of fame pursuant to s. 288.1168 and is open to the public, 166 $166,667 shall be distributed monthly, for up to 300 months, to 167 the applicant. 168 d. Beginning 30 days after notice by the Office of Tourism, 169 Trade, and Economic Development to the Department of Revenue 170 that the applicant has been certified as the International Game 171 Fish Association World Center facility pursuant to s. 288.1169, 172 and the facility is open to the public, $83,333 shall be 173 distributed monthly, for up to 168 months, to the applicant. 174 This distribution is subject to reduction pursuant to s. 175 288.1169. A lump sum payment of $999,996 shall be made, after 176 certification and before July 1, 2000. 177 e. Beginning 30 days after the date on which notice is 178 issued by the Office of Tourism, Trade, and Economic Development 179 to the Department of Revenue that an applicant has been 180 certified as a motorsports entertainment complex pursuant to s. 181 288.11695 and is open to the public, an amount not to exceed 182 $166,667 shall be distributed monthly to the applicant. However, 183 each state fiscal year's total distribution made pursuant to 184 this sub-subparagraph may not exceed the difference between the 185 state sales taxes collected and remitted pursuant to this 186 chapter by the certified applicant in the previous calendar year 187 and state sales taxes collected and remitted pursuant to this 188 chapter by the certified applicant in calendar year 2000. 189 Distributions shall continue for 30 years. 190 8. All other proceeds shall remain with the General Revenue 191 Fund. 192 Section 2. Section 288.11695, Florida Statutes, is created 193 to read: 194 288.11695 Motorsports entertainment complex; definitions; 195 certification; duties.— 196 (1) As used in this section, the term: 197 (a) “Applicant” means the owner of a motorsports 198 entertainment complex. 199 (b) “Motorsports entertainment complex” means a closed 200 course racing facility, with ancillary grounds and facilities, 201 that: 202 1. Has no fewer than 65,000 permanent seats for race 203 patrons; 204 2. Has no less than 7 scheduled days of motorsports events 205 each calendar year; 206 3. Has paid admissions of at least 125,000 annually; 207 4. Serves food at the facility during sanctioned 208 motorsports events; and 209 5. Engages in tourism promotion. 210 (c) “Motorsports event” means a motorsports race and its 211 ancillary activities which have been sanctioned by a sanctioning 212 body. 213 (d) “Office” means the Office of Tourism, Trade, and 214 Economic Development of the Executive Office of the Governor. 215 (e) “Owner” means a unit of local government that owns a 216 motorsports entertainment complex or owns the land on which the 217 motorsports entertainment complex is located. 218 (f) “Sanctioning body” means the American Motorcyclist 219 Association (AMA), Championship Auto Racing Teams (CART), Grand 220 American Road Racing Association (Grand-Am), Indy Racing League 221 (IRL), National Association for Stock Car Auto Racing (NASCAR), 222 National Hot Rod Association (NHRA), Professional Sports Car 223 Racing (PSCR), Sports Car Club of America (SCCA), United States 224 Auto Club (USAC), any successor organization, or any other 225 nationally recognized governing body of motorsports that 226 establishes an annual schedule of motorsports events and grants 227 rights to conduct such events, has established and administers 228 rules and regulations governing all participants involved in 229 such events and all persons conducting such events, and requires 230 certain liability assurances, including insurance. 231 (g) “Unit of local government” has the same meaning as 232 provided in s. 218.369. 233 (2) The office shall screen applicants for state funding 234 pursuant to s. 212.20 and certify applicants as motorsports 235 entertainment complexes. The office shall develop and adopt 236 rules for the receipt and processing of applications for funding 237 pursuant to s. 212.20. The office shall make a determination 238 regarding any application filed by an applicant no later than 239 120 days after the date on which the application is filed. 240 (3) Before certifying an applicant as a motorsports 241 entertainment complex, the office must find that: 242 (a) A unit of local government holds title to the land on 243 which the motorsports entertainment complex is located or holds 244 title to the motorsports entertainment complex. 245 (b) Seven scheduled days of motorsports events were held at 246 the motorsports entertainment complex in the most recently 247 completed calendar year or 7 scheduled days of motorsports 248 events are scheduled to be held at the motorsports entertainment 249 complex in the calendar year that begins after the submission of 250 the application. The applicant shall submit certifications from 251 the appropriate officials of the relevant sanctioning bodies 252 that such sanctioned motorsports events were or will be held at 253 the motorsports entertainment complex. 254 (c) The applicant is able to provide a certification by a 255 nationally recognized, independent certified public accounting 256 firm that the motorsports entertainment complex will attract 257 paid attendance of at least 125,000 annually, or in the most 258 recently completed calendar year has attracted paid attendance 259 of at least 125,000. 260 (d) The applicant is able to provide a certification by a 261 nationally recognized, independent certified public accounting 262 firm that the amount of the revenues generated by the taxes 263 imposed under chapter 212 with respect to the use and operation 264 of the motorsports entertainment complex will equal or exceed $1 265 million annually. 266 (e) The municipality in which the motorsports entertainment 267 complex is located, or the county in which the motorsports 268 entertainment complex is located if such complex is located in 269 an unincorporated area, has certified by resolution after a 270 public hearing that certification of the application serves a 271 public purpose. 272 (f) The motorsports entertainment complex is located in a 273 county as defined in s. 125.011(1). 274 (4) Upon determining that an applicant meets the 275 requirements of subsection (3), the office shall certify the 276 applicant as a motorsports entertainment complex and shall 277 notify the applicant and the executive director of the 278 Department of Revenue of such certification by means of an 279 official letter granting certification. If the applicant fails 280 to meet the certification requirements of subsection (3), the 281 office shall notify the applicant no later than 10 days after 282 the date on which such determination is made. 283 (5) A motorsports entertainment complex that has been 284 previously certified under this section and has received funding 285 under such certification is not eligible for any additional 286 certification. 287 (6) An applicant certified as a motorsports entertainment 288 complex may use funds provided pursuant to s. 212.20 only for 289 the following public purposes: 290 (a) Paying for the construction, reconstruction, expansion, 291 or renovation of a motorsports entertainment complex. 292 (b) Paying debt service reserve funds, arbitrage rebate 293 obligations, or other amounts payable with respect to bonds 294 issued for the construction, reconstruction, expansion, or 295 renovation of the motorsports entertainment complex or for the 296 reimbursement of such costs or the refinancing of bonds issued 297 for such purposes. 298 (c) Paying for construction, reconstruction, expansion, or 299 renovation of transportation or other infrastructure 300 improvements related to, necessary for, or appurtenant to the 301 motorsports entertainment complex, including, but not limited 302 to, paying debt service reserve funds, arbitrage rebate 303 obligations, or other amounts payable with respect to bonds 304 issued for the construction, reconstruction, expansion, or 305 renovation of such transportation or other infrastructure 306 improvements, and for the reimbursement of such costs or the 307 refinancing of bonds issued for such purposes. 308 (d) Paying for programs of advertising and promotion of or 309 related to the motorsports entertainment complex or the 310 municipality in which the motorsports entertainment complex is 311 located, or the county in which the motorsports entertainment 312 complex is located if such complex is located in an 313 unincorporated area, if such programs of advertising and 314 promotion are designed to increase paid attendance at the 315 motorsports entertainment complex or increase tourism in or 316 promote the economic development of the community in which the 317 motorsports entertainment complex is located. 318 (7) The Department of Revenue may perform an audit, as 319 provided in s. 213.34, to verify that the distributions 320 described in this section have been expended as required in this 321 section. Chapter 213 applies to such audits. If the department 322 determines that the distributions pursuant to certification 323 under this section have not been expended as required by this 324 section, the department may pursue recovery of such funds 325 pursuant to the laws and rules governing the assessment of 326 taxes. 327 Section 3. This act shall take effect July 1, 2009.