Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 1886
Barcode 915444
CHAMBER ACTION
Senate House
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05/03/2006 09:40 AM .
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11 Senator Diaz de la Portilla moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 5, lines 19 and 20, delete those lines
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16 and insert:
17 e. Beginning 30 days after notice by the Office of
18 Tourism, Trade, and Economic Development to the Department of
19 Revenue that the applicant has been certified as a motorsports
20 entertainment complex pursuant to s. 288.1170 and is open to
21 the public, an amount not to exceed $166,667 shall be
22 distributed monthly to the applicant. However, each state
23 fiscal year's total distribution made under this
24 sub-subparagraph may not exceed the difference between the
25 state sales taxes collected and remitted under this chapter by
26 the certified applicant in the previous calendar year and
27 those collected and remitted in calendar year 2000.
28 Distributions must continue for 30 years.
29 8. All other proceeds shall remain with the General
30 Revenue Fund.
31 Section 2. Section 288.1171, Florida Statutes, is
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 1886
Barcode 915444
1 created to read:
2 288.1171 Motorsports entertainment complex;
3 definitions; certification; duties.--
4 (1) As used in this section, the term:
5 (a) "Applicant" means the owner of a motorsports
6 entertainment complex.
7 (b) "Motorsports entertainment complex" means a
8 closed-course racing facility, with ancillary grounds and
9 facilities, which:
10 1. Has not fewer than 65,000 permanent seats for race
11 patrons.
12 2. Has not fewer than 7 scheduled days of motorsports
13 events each calendar year.
14 3. Has paid admissions of at least 125,000 annually.
15 4. Serves food at the facility during sanctioned
16 motorsports events.
17 5. Engages in tourism promotion.
18 (c) "Motorsports event" means a motorsports race and
19 its ancillary activities, which have been sanctioned by a
20 sanctioning body.
21 (d) "Office" means the Office of Tourism, Trade, and
22 Economic Development of the Executive Office of the Governor.
23 (e) "Owner" means a unit of local government which
24 owns a motorsports entertainment complex or owns the land on
25 which the motorsports entertainment complex is located.
26 (f) "Sanctioning body" means the American Motorcycle
27 Association (AMA), Championship Auto Racing Teams (CART),
28 Grand American Road Racing Association (Grand Am), Indy Racing
29 League (IRL), National Association for Stock Car Auto Racing
30 (NASCAR), National Hot Rod Association (NHRA), Professional
31 Sportscar Racing (PSR), Sports Car Club of America (SCCA),
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 1886
Barcode 915444
1 United States Auto Club (USAC), or any successor organization,
2 or any other nationally recognized governing body of
3 motorsports which establishes an annual schedule of
4 motorsports events and grants rights to conduct such events,
5 has established and administers rules and regulations
6 governing all participants involved in such events and all
7 persons conducting such events, and requires certain liability
8 assurances, including insurance.
9 (g) "Unit of local government" has the meaning
10 ascribed in s. 218.369.
11 (2) The Office of Tourism, Trade, and Economic
12 Development shall serve as the state agency for screening
13 applicants for state funding under s. 212.20 and for
14 certifying an applicant as a motorsports entertainment
15 complex. The office shall develop and adopt rules for the
16 receipt and processing of applications for funding under s.
17 212.20. The office shall make a determination regarding any
18 application filed by an applicant not later than 120 days
19 after the application is filed.
20 (3) Before certifying an applicant as a motorsports
21 entertainment complex, the office must determine that:
22 (a) A unit of local government holds title to the land
23 on which the motorsports entertainment complex is located or
24 holds title to the motorsports entertainment complex.
25 (b) Seven scheduled days of motorsports events were
26 held at the motorsports entertainment complex in the most
27 recently completed calendar year or 7 scheduled days of
28 motorsports events are scheduled to be held at the motorsports
29 entertainment complex in the calendar year that begins after
30 the submission of the application. The applicant shall submit
31 certifications from the appropriate officials of the relevant
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 1886
Barcode 915444
1 sanctioning bodies that such sanctioned motorsports events
2 were or will be held at the motorsports entertainment complex.
3 (c) The applicant can provide a certification by a
4 nationally recognized, independent certified public accounting
5 firm that the motorsports entertainment complex will attract,
6 or in the most recently completed calendar year has attracted,
7 paid attendance of at least 125,000 annually.
8 (d) The applicant can provide a certification by a
9 nationally recognized, independent certified public accounting
10 firm that the amount of the revenues generated by the taxes
11 imposed under chapter 212 with respect to the use and
12 operation of the motorsports entertainment complex will equal
13 or exceed $1 million annually.
14 (e) The municipality in which the motorsports
15 entertainment complex is located, or the county if the
16 motorsports entertainment complex is located in an
17 unincorporated area, has certified by resolution after a
18 public hearing that the application serves a public purpose.
19 (f) The motorsports entertainment complex is located
20 in a county defined in s. 125.011(1).
21 (4) Upon determining that an applicant meets the
22 requirements of subsection (3), the office shall notify the
23 applicant and the executive director of the Department of
24 Revenue of such certification by means of an official letter
25 granting certification. If the applicant fails to meet the
26 certification requirements of subsection (3), the office shall
27 notify the applicant not later than 10 days following such
28 determination.
29 (5) A motorsports entertainment complex that has been
30 previously certified under this section and has received
31 funding under such certification is ineligible for any
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 1886
Barcode 915444
1 additional certification.
2 (6) An applicant certified as a motorsports
3 entertainment complex may use funds provided pursuant to s.
4 212.20 only for the following public purposes:
5 (a) Paying for the construction, reconstruction,
6 expansion, or renovation of a motorsports entertainment
7 complex.
8 (b) Paying debt service reserve funds, arbitrage
9 rebate obligations, or other amounts payable with respect to
10 bonds issued for the construction, reconstruction, expansion,
11 or renovation of the motorsports entertainment complex or for
12 the reimbursement of such costs or the refinancing of bonds
13 issued for such purposes.
14 (c) Paying for construction, reconstruction,
15 expansion, or renovation of transportation or other
16 infrastructure improvements related to, necessary for, or
17 appurtenant to the motorsports entertainment complex,
18 including, without limitation, paying debt service reserve
19 funds, arbitrage rebate obligations, or other amounts payable
20 with respect to bonds issued for the construction,
21 reconstruction, expansion, or renovation of such
22 transportation or other infrastructure improvements, and for
23 the reimbursement of such costs or the refinancing of bonds
24 issued for such purposes.
25 (d) Paying for programs of advertising and promotion
26 of or related to the motorsports entertainment complex or the
27 municipality in which the motorsports entertainment complex is
28 located, or the county if the motorsports entertainment
29 complex is located in an unincorporated area, if such programs
30 of advertising and promotion are designed to increase paid
31 attendance at the motorsports entertainment complex or
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 1886
Barcode 915444
1 increase tourism in or promote the economic development of the
2 community in which the motorsports entertainment complex is
3 located.
4 (7) The Department of Revenue may audit, as provided
5 in s. 213.34, to verify that the distributions pursuant to
6 this section have been expended as required in this section.
7 Such information is subject to the confidentiality
8 requirements of chapter 213. If the Department of Revenue
9 determines that the distributions pursuant to certification
10 under this section have not been expended as required by this
11 section, it may pursue recovery of such funds pursuant to the
12 laws and rules governing the assessment of taxes.
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14 (Redesignate subsequent sections.)
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17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 On page 1, line 9, after the semicolon,
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21 insert:
22 providing for distribution of a portion of
23 revenues from the tax on sales, use, and other
24 transactions to a motorsports entertainment
25 complex; providing a limit on such
26 distributions; creating s. 288.1171, F.S.;
27 providing definitions; providing for the
28 certification of such a facility by the Office
29 of Tourism, Trade, and Economic Development of
30 the Executive Office of the Governor; providing
31 requirements for certification; requiring
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 1886
Barcode 915444
1 specified notice; providing for use of the
2 funds distributed to a motorsports
3 entertainment complex; providing for audits by
4 the Department of Revenue;
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