Florida Senate - 2013                                    SB 1394
       
       
       
       By Senator Hukill
       
       
       
       
       8-01036A-13                                           20131394__
    1                        A bill to be entitled                      
    2         An act relating to motorsports entertainment
    3         complexes; creating s. 212.094, F.S.; providing
    4         definitions; providing an exemption from the sales and
    5         use tax for building materials used in the
    6         construction, reconstruction, expansion, or renovation
    7         of certain certified motorsports entertainment
    8         complexes through a refund of previously paid taxes;
    9         providing procedures for applying for authority to
   10         earn a tax refund; providing procedures for certifying
   11         a refund for completed projects; providing procedures
   12         for applying for a refund; providing audit authority
   13         and procedures for recapturing refunds under specified
   14         circumstances; providing rulemaking authority;
   15         providing for specified reductions in certain local
   16         government half-cent sales tax distributions; creating
   17         s. 212.0943, F.S.; authorizing a motorsports
   18         entertainment complex to apply for a tax refund of
   19         sales and use taxes; limiting the expenditure of such
   20         funds provided to a certified applicant to specified
   21         public purposes; authorizing the Department of
   22         Economic Opportunity to audit the expenditure of such
   23         funds and to pursue recovery of improperly expended
   24         funds; creating s. 212.0944, F.S.; providing that a
   25         master developer of a certified motorsports
   26         entertainment complex is eligible for a sales tax
   27         refund of a specified percentage of any increase in
   28         sales tax collections within the complex over a
   29         specified base year; providing procedures,
   30         requirements, and limitations with respect to the
   31         acquisition and use of such tax refunds; limiting the
   32         availability of such refunds to a specified period;
   33         defining the term “master developer”; authorizing the
   34         Department of Economic Opportunity to audit the
   35         expenditure of such funds and to pursue recovery of
   36         improperly expended funds; amending s. 212.20, F.S.;
   37         providing that a certified motorsports entertainment
   38         complex applicant may not receive certain sales tax
   39         distributions in excess of the expenditures the
   40         applicant has made for specified public purposes;
   41         providing an effective date.
   42  
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Section 212.094, Florida Statutes, is created to
   46  read:
   47         212.094 Motorsports entertainment complex; tax exemption
   48  for building materials.—
   49         (1) DEFINITIONS.—For the purposes of this section, the
   50  term:
   51         (a) “Building materials” means materials, equipment, and
   52  tangible personal property that is used in or becomes a
   53  component part in the construction, reconstruction, expansion,
   54  or renovation of a motorsports entertainment complex.
   55         (b) “Motorsports entertainment complex” means a complex
   56  that includes a closed-course racing facility with at least
   57  50,000 fixed seats, together with any themed, ancillary business
   58  establishments and related mixed-use commercial development
   59  under common beneficial ownership as of the date of application
   60  under subsection (3).
   61         (c) “Owner” means the beneficial owner or the master
   62  developer, as defined in s. 212.0944(6), of the motorsports
   63  entertainment complex.
   64         (d) “Project” means the construction, reconstruction,
   65  expansion, or renovation of a motorsports entertainment complex
   66  during a specified 48-month period for a total cost of at least
   67  $250 million incurred during the 48-month period. However, total
   68  cost shall not include the cost of any property previously owned
   69  or leased by the motorsports entertainment complex. For the
   70  purposes of this paragraph, total cost shall include all
   71  expenses incurred by the owner of a motorsports entertainment
   72  complex in connection with the construction, reconstruction,
   73  expansion, or renovation of a motorsports entertainment complex,
   74  including, but not limited to:
   75         1. The costs of constructing, installing, equipping, and
   76  financing, including all obligations incurred for labor and
   77  obligations to contractors, subcontractors, builders, and
   78  materialmen.
   79         2. The costs of architectural and engineering services,
   80  including test borings, surveys, estimates, plans and
   81  specifications, preliminary investigations, environmental
   82  mitigation, and supervision of construction, as well as the
   83  performance of all duties required by or consequent to the
   84  construction, installation, and equipping.
   85         3. The costs associated with the installation of fixtures
   86  and equipment; surveys, including archaeological and
   87  environmental surveys; site tests and inspections; subsurface
   88  site work and excavation; filling, grading, paving, and
   89  provisions for drainage, stormwater retention, and installation
   90  of utilities, including water, sewer, sewage treatment, gas,
   91  electricity, communications, and similar facilities; and offsite
   92  construction of utility extensions to the boundaries of the
   93  property.
   94         (e) “Substantially completed” has the same meaning as
   95  provided in s. 192.042(1).
   96         (f) “Unit of local government” has the same meaning as
   97  provided in s. 218.369.
   98         (2) EXEMPTIONS; ACCOUNT OF USE.—
   99         (a) Building materials used in a project that has been
  100  certified by the Department of Economic Opportunity under
  101  subsection (4) for the construction, reconstruction, expansion,
  102  or renovation of a motorsports entertainment complex are exempt
  103  from the state tax imposed by this chapter upon an affirmative
  104  showing to the satisfaction of the Department of Economic
  105  Opportunity that the items have been used for the construction,
  106  reconstruction, expansion, or renovation of a motorsports
  107  entertainment complex. This exemption inures to the owner of the
  108  motorsports entertainment complex who applies for certification
  109  under subsection (4) through a refund of previously paid state
  110  tax. To receive a refund, the owner of the motorsports
  111  entertainment complex must follow the procedures in this
  112  section.
  113         (b) If approved and certified under subsections (3) and
  114  (4), an owner of a motorsports entertainment complex may apply
  115  for a one-time nontransferable refund of sales tax paid for
  116  building materials used in that project.
  117         (c) The refund is not available unless ordinances that
  118  recognize and commit to the funding provision in subsection (8)
  119  for a specified project are enacted by a majority of the members
  120  of the governing board of the county where the project is
  121  located and a majority of the members of the governing board of
  122  any municipality where the project is located. For purposes of
  123  the funding provision in subsection (8), such a recognition and
  124  commitment by ordinance is binding and irrevocable upon the
  125  county and any municipality enacting the ordinance.
  126         (3) APPLICATION.—
  127         (a) In order to earn a tax refund, an owner of a
  128  motorsports entertainment complex must first submit an
  129  application to the Department of Economic Opportunity for
  130  approval of a project before beginning construction,
  131  reconstruction, expansion, or renovation. The application must
  132  be filed by the date established by the Department of Economic
  133  Opportunity. In addition to any information that the Department
  134  of Economic Opportunity may require, the applicant must provide
  135  a complete description of the project that demonstrates to the
  136  Department of Economic Opportunity that the applicant is likely
  137  to complete the requirements in this section. The applicant must
  138  provide an affidavit certifying that all the information
  139  contained in the application is true and correct. The applicant
  140  must also provide the department with copies of the ordinances
  141  required under paragraph (2)(c).
  142         (b) Within 60 days after receipt of a completed
  143  application, the Department of Economic Opportunity must issue a
  144  notice of intent to deny or approve the project.
  145         (4) CERTIFICATION.—Upon completion of a project, the owner
  146  of the motorsports entertainment complex who received approval
  147  for the project may apply to the Department of Economic
  148  Opportunity for certification of a refund.
  149         (a) The application must include:
  150         1. The name and physical in-state address of the
  151  motorsports entertainment complex.
  152         2. A copy of the application and approval for the project.
  153         3. An address and the applicable assessment roll parcel
  154  numbers for the motorsports entertainment complex for which a
  155  refund of previously paid taxes is being sought.
  156         4. A copy of a valid building permit issued by the county
  157  or municipal building department for construction,
  158  reconstruction, expansion, or renovation of the motorsports
  159  entertainment complex.
  160         5. A sworn statement, under penalty of perjury, from the
  161  general contractor licensed in this state with whom the
  162  applicant contracted to construct, reconstruct, or renovate the
  163  motorsports entertainment complex, which lists the building
  164  materials used to construct, reconstruct, or renovate the
  165  motorsports entertainment complex, the actual cost of the
  166  building materials, and the amount of sales and use tax paid in
  167  this state on the building materials. If a general contractor
  168  was not used, the applicant, not a general contractor, must make
  169  the sworn statement required under this subparagraph. Copies of
  170  invoices that evidence the purchase of the building materials
  171  used in the construction, reconstruction, or renovation of the
  172  motorsports entertainment complex and the payment of sales and
  173  use tax on the building materials must be attached to the sworn
  174  statement provided by the general contractor or by the
  175  applicant.
  176         6. A certification by the local building code inspector
  177  that the construction, reconstruction, expansion, or renovation
  178  of the motorsports entertainment complex is substantially
  179  complete.
  180         7. A detailed accounting attested to by a certified public
  181  accountant licensed in this state that the total amount expended
  182  by the applicant towards the construction, reconstruction,
  183  expansion, or renovation of the motorsports entertainment
  184  complex during a 48-month period is greater than $250 million.
  185         (b) Within 90 working days after receipt of an application
  186  for certification, the Department of Economic Opportunity must
  187  review the application to determine if it includes all the
  188  information and meets all the criteria required under this
  189  section. The department shall certify all applications that
  190  contain the required information and are found to be eligible to
  191  receive a refund under this section.
  192         (5) REFUND.—An application for a refund must be submitted
  193  to the department within 6 months after certification for the
  194  refund is obtained under subsection (4).
  195         (6) AUDIT AUTHORITY; RECAPTURE OF REFUNDS.—
  196         (a) In addition to its existing audit and investigative
  197  authority, the department may perform any additional financial
  198  and technical audits and investigations, including examining the
  199  accounts, books, and financial records of the tax refund
  200  applicant, which are necessary for verifying the accuracy of the
  201  refund request and to ensure compliance with this section. If
  202  requested by the department, the Department of Economic
  203  Opportunity must provide technical assistance for any technical
  204  audits or examinations performed under this subsection.
  205         (b) Grounds for forfeiture of previously claimed refunds
  206  approved under this section exist if the department determines,
  207  as a result of an audit or examination, or from information
  208  received from the Department of Economic Opportunity, that a
  209  taxpayer received tax refunds for which the taxpayer was not
  210  entitled.
  211         (c) The Department of Economic Opportunity may revoke or
  212  modify a certification granting eligibility for a tax refund if
  213  it finds that the taxpayer made a false statement or
  214  representation in any application, record, report, plan, or
  215  other document filed in an attempt to receive a tax refund under
  216  this section. The Department of Economic Opportunity shall
  217  immediately notify the department of any revoked or modified
  218  orders affecting previously granted tax refunds.
  219         (d) The department may assess an additional tax, penalty,
  220  or interest pursuant to s. 95.091.
  221         (7) RULES.—
  222         (a) The Department of Economic Opportunity shall adopt
  223  rules to administer this section, including rules relating to
  224  application forms required under subsections (3) and (4), and
  225  the application and certification procedures, guidelines, and
  226  requirements necessary to administer this section.
  227         (b) The department may adopt rules to administer this
  228  section, including rules relating to the forms required to claim
  229  a tax refund under this section, the requirements and basis for
  230  establishing an entitlement to a refund, and the examination and
  231  audit procedures required to administer this section.
  232         (8) REDUCTIONS IN DISTRIBUTIONS.—The department shall
  233  reduce by an amount equal to 10 percent of each refund granted
  234  under this section the combined local government half-cent sales
  235  tax to be distributed, pursuant to s. 218.61, to each unit of
  236  local government that enacted ordinances pursuant to paragraph
  237  (2)(c), and such reductions shall be prorated over a 12-month
  238  period.
  239         (a) For refunds issued pursuant to this section on or
  240  before June 30 of a given calendar year, the reductions required
  241  under this subsection shall begin in the first month of the
  242  local fiscal year that follows such refund being issued.
  243         (b) For refunds issued pursuant to this section after June
  244  30 of a given calendar year, the reductions required under this
  245  subsection shall begin in the first month of the second local
  246  fiscal year that follows such refund being issued.
  247         (c) An amount equal to the reductions required under this
  248  subsection shall be transferred monthly from the Local
  249  Government Half-cent Sales Tax Clearing Trust Fund to the
  250  General Revenue Fund. Each affected unit of local government’s
  251  share of the reduction shall be in proportion to that unit of
  252  local government’s respective local government half-cent sales
  253  tax distributions absent the provisions of this paragraph.
  254         (d) Within 14 days after issuance of a refund pursuant to
  255  this section, the department shall provide written notice to
  256  each unit of local government subject to the reduced
  257  distribution provisions of this subsection with the amounts and
  258  timing of the forthcoming reductions in distributions.
  259         Section 2. Section 212.0943, Florida Statutes, is created
  260  to read:
  261         212.0943 Motorsports entertainment complex; refund of
  262  taxes.—
  263         (1) Beginning July 1, 2013, a motorsports entertainment
  264  complex as defined in s. 212.094(1) may apply for funds provided
  265  under s. 212.20(6)(d)6.b.
  266         (2) An applicant certified as a motorsports entertainment
  267  complex under s. 212.094(4) may use funds provided under s.
  268  212.20(6)(d)6.b. only for the following public purposes:
  269         (a) Paying for the construction, reconstruction, expansion,
  270  or renovation of a motorsports entertainment complex.
  271         (b) Paying debt service reserve funds, arbitrage rebate
  272  obligations, or other amounts payable with respect to bonds
  273  issued for the construction, reconstruction, expansion, or
  274  renovation of the motorsports entertainment complex or for the
  275  reimbursement of such costs or the refinancing of bonds issued
  276  for such purposes.
  277         (c) Paying for construction, reconstruction, expansion, or
  278  renovation of transportation or other infrastructure
  279  improvements related to, necessary for, or appurtenant to the
  280  motorsports entertainment complex, including, without
  281  limitation, paying debt service reserve funds, arbitrage rebate
  282  obligations, or other amounts payable with respect to bonds
  283  issued for the construction, reconstruction, expansion, or
  284  renovation of such transportation or other infrastructure
  285  improvements, and for the reimbursement of such costs or the
  286  refinancing of bonds issued for such purposes.
  287         (d) Paying for programs of advertising and promotion of or
  288  related to the motorsports entertainment complex or the
  289  municipality in which the motorsports entertainment complex is
  290  located, and the county if the motorsports entertainment complex
  291  is located in an unincorporated area, if such programs of
  292  advertising and promotion are designed to increase paid
  293  attendance at the motorsports entertainment complex or increase
  294  tourism in or promote the economic development of the community
  295  in which the motorsports entertainment complex is located.
  296         (3) As provided in s. 212.094(6), the Department of
  297  Economic Opportunity may audit to verify that distributions
  298  pursuant to this section have been expended as required. If the
  299  Department of Economic Opportunity determines that the
  300  distributions have not been expended as required, it may pursue
  301  recovery of such funds pursuant to the laws and rules governing
  302  the assessment of taxes.
  303         Section 3. Section 212.0944, Florida Statutes, is created
  304  to read:
  305         212.0944 Motorsports entertainment complex; escrow of
  306  taxes.—
  307         (1) The master developer of a motorsports entertainment
  308  complex certified under s. 212.094(4) shall be eligible for a
  309  refund of 50 percent of sales taxes imposed by this chapter on
  310  any sales made within a certified motorsports entertainment
  311  complex, as defined in s. 212.094(1), the amount of which
  312  exceeds the total amount of sales tax collected and remitted by
  313  the motorsports entertainment complex during the 12-month period
  314  before the date of an application submitted under s. 212.094(3).
  315  For purposes of this section, such 12-month period shall be
  316  considered the base year.
  317         (2) The measurement period shall be a 12-month period
  318  starting with the first full month after the submission of the
  319  application under s. 212.094(3). During the 12-month measurement
  320  period after the base year, any businesses within the
  321  motorsports entertainment complex that collect sales tax on any
  322  sales within the motorsports entertainment complex must file the
  323  appropriate sales and use tax returns and remit the tax due
  324  under applicable statutes. Within 60 days after the end of the
  325  12-month measurement period, the master developer shall submit a
  326  refund request, supported by the previously filed sales and use
  327  tax returns for any businesses within the motorsports
  328  entertainment complex, for the incremental sales tax collected
  329  and remitted related to any sales within the motorsports
  330  entertainment complex for the 12-month measurement period as
  331  compared to the base year, with such refund payment made within
  332  60 days to the master developer. The refund provided in this
  333  section shall be available only to the master developer and only
  334  by a refund of previously paid tax and shall be provided upon an
  335  affirmative showing to the satisfaction of the Department of
  336  Economic Opportunity that the requirements of this section have
  337  been met.
  338         (3) The master developer shall require each tenant, lessee,
  339  or other third party within the motorsports entertainment
  340  complex to provide the master developer all documents, returns,
  341  or other information necessary to verify the amount of sales tax
  342  eligible for the sales tax refund under this section.
  343         (4) The tax refund provided under this section shall renew
  344  each 12-month period for a total of 30 years and for each
  345  subsequent 12-month measurement period, the sales and use tax
  346  collected and remitted shall be compared to the sales and use
  347  tax collected and remitted during the original base year.
  348         (5) An applicant certified as a motorsports entertainment
  349  complex may use funds provided under this section only for the
  350  public purposes defined in s. 212.0943(2).
  351         (6) As used in this section, the term “master developer”
  352  means the primary developer of a motorsports entertainment
  353  complex.
  354         (7) As provided in s. 212.094(6), the Department of
  355  Economic Opportunity may audit to verify that the distributions
  356  pursuant to this section have been expended as required. If the
  357  Department of Economic Opportunity determines that the
  358  distributions have not been expended as required, it may pursue
  359  recovery of such funds pursuant to the laws and rules governing
  360  the assessment of taxes.
  361         Section 4. Paragraph (d) of subsection (6) of section
  362  212.20, Florida Statutes, is amended to read:
  363         212.20 Funds collected, disposition; additional powers of
  364  department; operational expense; refund of taxes adjudicated
  365  unconstitutionally collected.—
  366         (6) Distribution of all proceeds under this chapter and s.
  367  202.18(1)(b) and (2)(b) shall be as follows:
  368         (d) The proceeds of all other taxes and fees imposed
  369  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  370  and (2)(b) shall be distributed as follows:
  371         1. In any fiscal year, the greater of $500 million, minus
  372  an amount equal to 4.6 percent of the proceeds of the taxes
  373  collected pursuant to chapter 201, or 5.2 percent of all other
  374  taxes and fees imposed pursuant to this chapter or remitted
  375  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
  376  monthly installments into the General Revenue Fund.
  377         2. After the distribution under subparagraph 1., 8.814
  378  percent of the amount remitted by a sales tax dealer located
  379  within a participating county pursuant to s. 218.61 shall be
  380  transferred into the Local Government Half-cent Sales Tax
  381  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
  382  transferred shall be reduced by 0.1 percent, and the department
  383  shall distribute this amount to the Public Employees Relations
  384  Commission Trust Fund less $5,000 each month, which shall be
  385  added to the amount calculated in subparagraph 3. and
  386  distributed accordingly.
  387         3. After the distribution under subparagraphs 1. and 2.,
  388  0.095 percent shall be transferred to the Local Government Half
  389  cent Sales Tax Clearing Trust Fund and distributed pursuant to
  390  s. 218.65.
  391         4. After the distributions under subparagraphs 1., 2., and
  392  3., 2.0440 percent of the available proceeds shall be
  393  transferred monthly to the Revenue Sharing Trust Fund for
  394  Counties pursuant to s. 218.215.
  395         5. After the distributions under subparagraphs 1., 2., and
  396  3., 1.3409 percent of the available proceeds shall be
  397  transferred monthly to the Revenue Sharing Trust Fund for
  398  Municipalities pursuant to s. 218.215. If the total revenue to
  399  be distributed pursuant to this subparagraph is at least as
  400  great as the amount due from the Revenue Sharing Trust Fund for
  401  Municipalities and the former Municipal Financial Assistance
  402  Trust Fund in state fiscal year 1999-2000, no municipality shall
  403  receive less than the amount due from the Revenue Sharing Trust
  404  Fund for Municipalities and the former Municipal Financial
  405  Assistance Trust Fund in state fiscal year 1999-2000. If the
  406  total proceeds to be distributed are less than the amount
  407  received in combination from the Revenue Sharing Trust Fund for
  408  Municipalities and the former Municipal Financial Assistance
  409  Trust Fund in state fiscal year 1999-2000, each municipality
  410  shall receive an amount proportionate to the amount it was due
  411  in state fiscal year 1999-2000.
  412         6. Of the remaining proceeds:
  413         a. In each fiscal year, the sum of $29,915,500 shall be
  414  divided into as many equal parts as there are counties in the
  415  state, and one part shall be distributed to each county. The
  416  distribution among the several counties must begin each fiscal
  417  year on or before January 5th and continue monthly for a total
  418  of 4 months. If a local or special law required that any moneys
  419  accruing to a county in fiscal year 1999-2000 under the then
  420  existing provisions of s. 550.135 be paid directly to the
  421  district school board, special district, or a municipal
  422  government, such payment must continue until the local or
  423  special law is amended or repealed. The state covenants with
  424  holders of bonds or other instruments of indebtedness issued by
  425  local governments, special districts, or district school boards
  426  before July 1, 2000, that it is not the intent of this
  427  subparagraph to adversely affect the rights of those holders or
  428  relieve local governments, special districts, or district school
  429  boards of the duty to meet their obligations as a result of
  430  previous pledges or assignments or trusts entered into which
  431  obligated funds received from the distribution to county
  432  governments under then-existing s. 550.135. This distribution
  433  specifically is in lieu of funds distributed under s. 550.135
  434  before July 1, 2000.
  435         b. The department shall distribute $166,667 monthly
  436  pursuant to s. 288.1162 to each applicant certified as a
  437  facility for a new or retained professional sports franchise
  438  pursuant to s. 288.1162. Up to $41,667 shall be distributed
  439  monthly by the department to each certified applicant as defined
  440  in s. 288.11621 for a facility for a spring training franchise.
  441  However, not more than $416,670 may be distributed monthly in
  442  the aggregate to all certified applicants for facilities for
  443  spring training franchises. Distributions begin 60 days after
  444  such certification and continue for not more than 30 years,
  445  except as otherwise provided in s. 288.11621. A certified
  446  applicant identified in this sub-subparagraph may not receive
  447  more in distributions than expended by the applicant for the
  448  public purposes provided for in s. 288.1162(5), or s.
  449  288.11621(3), or s. 212.0943.
  450         c. Beginning 30 days after notice by the Department of
  451  Economic Opportunity to the Department of Revenue that an
  452  applicant has been certified as the professional golf hall of
  453  fame pursuant to s. 288.1168 and is open to the public, $166,667
  454  shall be distributed monthly, for up to 300 months, to the
  455  applicant.
  456         d. Beginning 30 days after notice by the Department of
  457  Economic Opportunity to the Department of Revenue that the
  458  applicant has been certified as the International Game Fish
  459  Association World Center facility pursuant to s. 288.1169, and
  460  the facility is open to the public, $83,333 shall be distributed
  461  monthly, for up to 168 months, to the applicant. This
  462  distribution is subject to reduction pursuant to s. 288.1169. A
  463  lump sum payment of $999,996 shall be made, after certification
  464  and before July 1, 2000.
  465         7. All other proceeds must remain in the General Revenue
  466  Fund.
  467         Section 5. This act shall take effect July 1, 2013.