Florida Senate - 2014                       CS for CS for SB 208
       
       
        
       By the Committees on Appropriations; and Commerce and Tourism;
       and Senators Hukill, Thrasher, Hays, Latvala, Simpson, Simmons,
       Negron, Braynon, Altman, Galvano, and Gibson
       
       
       
       576-02241-14                                           2014208c2
    1                        A bill to be entitled                      
    2         An act relating to motorsports entertainment
    3         complexes; amending s. 212.20, F.S.; providing for a
    4         monthly distribution of a specified amount of sales
    5         tax revenue to a complex certified as a motorsports
    6         entertainment complex by the Department of Economic
    7         Opportunity; amending s. 288.1171, F.S.; authorizing
    8         the department to certify a single motorsports complex
    9         if it meets specified criteria; authorizing the
   10         Auditor General to verify the expenditure of specified
   11         distributions and to notify the Department of Revenue
   12         of improperly expended funds so that it may pursue
   13         recovery; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (d) of subsection (6) of section
   18  212.20, Florida Statutes, is amended to read:
   19         212.20 Funds collected, disposition; additional powers of
   20  department; operational expense; refund of taxes adjudicated
   21  unconstitutionally collected.—
   22         (6) Distribution of all proceeds under this chapter and s.
   23  202.18(1)(b) and (2)(b) shall be as follows:
   24         (d) The proceeds of all other taxes and fees imposed
   25  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
   26  and (2)(b) shall be distributed as follows:
   27         1. In any fiscal year, the greater of $500 million, minus
   28  an amount equal to 4.6 percent of the proceeds of the taxes
   29  collected pursuant to chapter 201, or 5.2 percent of all other
   30  taxes and fees imposed pursuant to this chapter or remitted
   31  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
   32  monthly installments into the General Revenue Fund.
   33         2. After the distribution under subparagraph 1., 8.814
   34  percent of the amount remitted by a sales tax dealer located
   35  within a participating county pursuant to s. 218.61 shall be
   36  transferred into the Local Government Half-cent Sales Tax
   37  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
   38  transferred shall be reduced by 0.1 percent, and the department
   39  shall distribute this amount to the Public Employees Relations
   40  Commission Trust Fund less $5,000 each month, which shall be
   41  added to the amount calculated in subparagraph 3. and
   42  distributed accordingly.
   43         3. After the distribution under subparagraphs 1. and 2.,
   44  0.095 percent shall be transferred to the Local Government Half
   45  cent Sales Tax Clearing Trust Fund and distributed pursuant to
   46  s. 218.65.
   47         4. After the distributions under subparagraphs 1., 2., and
   48  3., 2.0440 percent of the available proceeds shall be
   49  transferred monthly to the Revenue Sharing Trust Fund for
   50  Counties pursuant to s. 218.215.
   51         5. After the distributions under subparagraphs 1., 2., and
   52  3., 1.3409 percent of the available proceeds shall be
   53  transferred monthly to the Revenue Sharing Trust Fund for
   54  Municipalities pursuant to s. 218.215. If the total revenue to
   55  be distributed pursuant to this subparagraph is at least as
   56  great as the amount due from the Revenue Sharing Trust Fund for
   57  Municipalities and the former Municipal Financial Assistance
   58  Trust Fund in state fiscal year 1999-2000, no municipality shall
   59  receive less than the amount due from the Revenue Sharing Trust
   60  Fund for Municipalities and the former Municipal Financial
   61  Assistance Trust Fund in state fiscal year 1999-2000. If the
   62  total proceeds to be distributed are less than the amount
   63  received in combination from the Revenue Sharing Trust Fund for
   64  Municipalities and the former Municipal Financial Assistance
   65  Trust Fund in state fiscal year 1999-2000, each municipality
   66  shall receive an amount proportionate to the amount it was due
   67  in state fiscal year 1999-2000.
   68         6. Of the remaining proceeds:
   69         a. In each fiscal year, the sum of $29,915,500 shall be
   70  divided into as many equal parts as there are counties in the
   71  state, and one part shall be distributed to each county. The
   72  distribution among the several counties must begin each fiscal
   73  year on or before January 5th and continue monthly for a total
   74  of 4 months. If a local or special law required that any moneys
   75  accruing to a county in fiscal year 1999-2000 under the then
   76  existing provisions of s. 550.135 be paid directly to the
   77  district school board, special district, or a municipal
   78  government, such payment must continue until the local or
   79  special law is amended or repealed. The state covenants with
   80  holders of bonds or other instruments of indebtedness issued by
   81  local governments, special districts, or district school boards
   82  before July 1, 2000, that it is not the intent of this
   83  subparagraph to adversely affect the rights of those holders or
   84  relieve local governments, special districts, or district school
   85  boards of the duty to meet their obligations as a result of
   86  previous pledges or assignments or trusts entered into which
   87  obligated funds received from the distribution to county
   88  governments under then-existing s. 550.135. This distribution
   89  specifically is in lieu of funds distributed under s. 550.135
   90  before July 1, 2000.
   91         b. The department shall distribute $166,667 monthly
   92  pursuant to s. 288.1162 to each applicant certified as a
   93  facility for a new or retained professional sports franchise
   94  pursuant to s. 288.1162. Up to $41,667 shall be distributed
   95  monthly by the department to each certified applicant as defined
   96  in s. 288.11621 for a facility for a spring training franchise.
   97  However, not more than $416,670 may be distributed monthly in
   98  the aggregate to all certified applicants for facilities for
   99  spring training franchises. The department shall also distribute
  100  $166,667 monthly to an applicant certified as a motorsports
  101  entertainment complex under s. 288.1171. Distributions begin 60
  102  days after such certification and continue for not more than 30
  103  years, except as otherwise provided in s. 288.11621. A certified
  104  applicant identified in this sub-subparagraph may not receive
  105  more in distributions than expended by the applicant for the
  106  public purposes provided for under in s. 288.1162(5), or s.
  107  288.11621(3), or s. 288.1171(7).
  108         c. Beginning 30 days after notice by the Department of
  109  Economic Opportunity to the Department of Revenue that an
  110  applicant has been certified as the professional golf hall of
  111  fame pursuant to s. 288.1168 and is open to the public, $166,667
  112  shall be distributed monthly, for up to 300 months, to the
  113  applicant.
  114         d. Beginning 30 days after notice by the Department of
  115  Economic Opportunity to the Department of Revenue that the
  116  applicant has been certified as the International Game Fish
  117  Association World Center facility pursuant to s. 288.1169, and
  118  the facility is open to the public, $83,333 shall be distributed
  119  monthly, for up to 168 months, to the applicant. This
  120  distribution is subject to reduction pursuant to s. 288.1169. A
  121  lump sum payment of $999,996 shall be made, after certification
  122  and before July 1, 2000.
  123         e. The department shall distribute up to $55,555 monthly to
  124  each certified applicant as defined in s. 288.11631 for a
  125  facility used by a single spring training franchise, or up to
  126  $111,110 monthly to each certified applicant as defined in s.
  127  288.11631 for a facility used by more than one spring training
  128  franchise. Monthly distributions begin 60 days after such
  129  certification or July 1, 2016, whichever is later, and continue
  130  for not more than 30 years, except as otherwise provided in s.
  131  288.11631. A certified applicant identified in this sub
  132  subparagraph may not receive more in distributions than expended
  133  by the applicant for the public purposes provided in s.
  134  288.11631(3).
  135         7. All other proceeds must remain in the General Revenue
  136  Fund.
  137         Section 2. Subsection (2) of section 288.1171, Florida
  138  Statutes, is amended, present subsections (4) through (7) of
  139  that section are redesignated as subsections (5) through (8),
  140  respectively, and amended, and a new subsection (4) is added to
  141  that section, to read:
  142         288.1171 Motorsports entertainment complex; definitions;
  143  certification; duties.—
  144         (2) The department shall serve as the state agency for
  145  screening applicants for funding under s. 212.20, for local
  146  option funding under s. 218.64(3), and for certifying an
  147  applicant as a motorsports entertainment complex. The department
  148  shall develop and adopt rules for the receipt and processing of
  149  applications for funding under ss. 212.20 and s. 218.64(3). The
  150  department shall make a determination regarding any application
  151  filed by an applicant within not later than 120 days after the
  152  application is filed.
  153         (4) The department may certify a single applicant as a
  154  motorsports entertainment complex for funding under s. 212.20 if
  155  the applicant meets all of the following conditions:
  156         (a) The applicant meets the requirements of subsection (3).
  157         (b) The applicant has a verified copy of the approval of a
  158  sanctioning body stating that motorsport events are sanctioned
  159  to occur at the applicant’s complex.
  160         (c) The applicant’s facility has at least 50,000 fixed
  161  seats.
  162         (d)The applicant has projections, verified by the
  163  department, which demonstrate that the motorsports entertainment
  164  complex will annually attract paid attendance of more than
  165  100,000 persons.
  166         (e) The applicant has an independent analysis or study,
  167  verified by the department, which demonstrates that the amount
  168  of revenues generated by the taxes imposed under chapter 212
  169  with respect to the use and operation of the motorsports
  170  entertainment complex will annually equal or exceed $2 million.
  171         (f)The applicant has demonstrated that it has provided, is
  172  capable of providing, or has financial or other commitments to
  173  provide more than one-half of the costs incurred or related to
  174  the improvement and development of the complex.
  175         (g)The total cost of construction, reconstruction,
  176  expansion, or renovation of the complex exceeds $250 million.
  177  
  178  The approved applicant may not seek funding under s. 218.64(3)
  179  while receiving funding under s. 212.20.
  180         (5)(4) Upon determining that an applicant meets the
  181  requirements of subsection (3) or subsection (4), the department
  182  shall notify the applicant and the executive director of the
  183  Department of Revenue of such certification by means of an
  184  official letter granting certification. If the applicant fails
  185  to meet the certification requirements of subsection (3) or
  186  subsection (4), the department shall notify the applicant within
  187  not later than 10 days following such determination.
  188         (6)(5) A motorsports entertainment complex that has been
  189  previously certified under this section and has received funding
  190  under such certification is ineligible for any additional
  191  certification.
  192         (7)(6) An applicant certified as a motorsports
  193  entertainment complex may use funds provided pursuant to s.
  194  212.20 or s. 218.64(3) only for the following public purposes:
  195         (a) Paying for the construction, reconstruction, expansion,
  196  or renovation of a motorsports entertainment complex.
  197         (b) Paying debt service reserve funds, arbitrage rebate
  198  obligations, or other amounts relating payable with respect to
  199  bonds issued for the construction, reconstruction, expansion, or
  200  renovation of the motorsports entertainment complex or for the
  201  reimbursement of such costs or the refinancing of bonds issued
  202  for such purposes.
  203         (c) Paying for construction, reconstruction, expansion, or
  204  renovation of transportation or other infrastructure
  205  improvements related to, necessary for, or appurtenant to the
  206  motorsports entertainment complex, including, without
  207  limitation, paying debt service reserve funds, arbitrage rebate
  208  obligations, or other amounts relating payable with respect to
  209  bonds issued for the construction, reconstruction, expansion, or
  210  renovation of such transportation or other infrastructure
  211  improvements, and for the reimbursement of such costs or the
  212  refinancing of bonds issued for such purposes.
  213         (d) Paying for programs of advertising and promotion of or
  214  related to the motorsports entertainment complex or the
  215  municipality in which the motorsports entertainment complex is
  216  located, or the county if the motorsports entertainment complex
  217  is located in an unincorporated area, if such programs of
  218  advertising and promotion are designed to increase paid
  219  attendance at the motorsports entertainment complex or increase
  220  tourism in or promote the economic development of the community
  221  in which the motorsports entertainment complex is located.
  222         (8)(7)The Department of Revenue may audit, As provided in
  223  s. 11.45 213.34, the Auditor General may conduct an audit to
  224  verify that the distributions pursuant to this section have been
  225  expended as required in this section. Such information is
  226  subject to the confidentiality requirements of chapter 213. If
  227  the Auditor General Department of Revenue determines that the
  228  distributions pursuant to certification under this section have
  229  not been expended as required by this section, the Auditor
  230  General shall notify the Department of Revenue, which it may
  231  pursue recovery of such funds pursuant to the laws and rules
  232  governing the assessment of taxes.
  233         Section 3. This act shall take effect July 1, 2014.