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         288.11695Motorsports 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.