November 29, 2020
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032623
 (LATE FILED)Amendment
Bill No. 2610
Amendment No. 032623
CHAMBER ACTION
Senate House
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1Representative(s) Patterson offered the following:
2
3     Amendment to Amendment (114533) (with title amendment)
4Remove lines 3593 and 3594 and insert:
5
6     Section 64.  Paragraph (d) of subsection (6) of section
7212.20, Florida Statutes, is amended to read:
8     212.20  Funds collected, disposition; additional powers of
9department; operational expense; refund of taxes adjudicated
10unconstitutionally collected.--
11     (6)  Distribution of all proceeds under this chapter and s.
12202.18(1)(b) and (2)(b) shall be as follows:
13     (d)  The proceeds of all other taxes and fees imposed
14pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
15and (2)(b) shall be distributed as follows:
16     1.  In any fiscal year, the greater of $500 million, minus
17an amount equal to 4.6 percent of the proceeds of the taxes
18collected pursuant to chapter 201, or 5 percent of all other
19taxes and fees imposed pursuant to this chapter or remitted
20pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
21monthly installments into the General Revenue Fund.
22     2.  Two-tenths of one percent shall be transferred to the
23Ecosystem Management and Restoration Trust Fund to be used for
24water quality improvement and water restoration projects.
25     3.  After the distribution under subparagraphs 1. and 2.,
268.814 percent of the amount remitted by a sales tax dealer
27located within a participating county pursuant to s. 218.61
28shall be transferred into the Local Government Half-cent Sales
29Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
30be transferred pursuant to this subparagraph to the Local
31Government Half-cent Sales Tax Clearing Trust Fund shall be
32reduced by 0.1 percent, and the department shall distribute this
33amount to the Public Employees Relations Commission Trust Fund
34less $5,000 each month, which shall be added to the amount
35calculated in subparagraph 4. and distributed accordingly.
36     4.  After the distribution under subparagraphs 1., 2., and
373., 0.095 percent shall be transferred to the Local Government
38Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
39to s. 218.65.
40     5.  After the distributions under subparagraphs 1., 2., 3.,
41and 4., 2.0440 percent of the available proceeds pursuant to
42this paragraph shall be transferred monthly to the Revenue
43Sharing Trust Fund for Counties pursuant to s. 218.215.
44     6.  After the distributions under subparagraphs 1., 2., 3.,
45and 4., 1.3409 percent of the available proceeds pursuant to
46this paragraph shall be transferred monthly to the Revenue
47Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
48the total revenue to be distributed pursuant to this
49subparagraph is at least as great as the amount due from the
50Revenue Sharing Trust Fund for Municipalities and the former
51Municipal Financial Assistance Trust Fund in state fiscal year
521999-2000, no municipality shall receive less than the amount
53due from the Revenue Sharing Trust Fund for Municipalities and
54the former Municipal Financial Assistance Trust Fund in state
55fiscal year 1999-2000. If the total proceeds to be distributed
56are less than the amount received in combination from the
57Revenue Sharing Trust Fund for Municipalities and the former
58Municipal Financial Assistance Trust Fund in state fiscal year
591999-2000, each municipality shall receive an amount
60proportionate to the amount it was due in state fiscal year
611999-2000.
62     7.  Of the remaining proceeds:
63     a.  In each fiscal year, the sum of $29,915,500 shall be
64divided into as many equal parts as there are counties in the
65state, and one part shall be distributed to each county. The
66distribution among the several counties shall begin each fiscal
67year on or before January 5th and shall continue monthly for a
68total of 4 months. If a local or special law required that any
69moneys accruing to a county in fiscal year 1999-2000 under the
70then-existing provisions of s. 550.135 be paid directly to the
71district school board, special district, or a municipal
72government, such payment shall continue until such time that the
73local or special law is amended or repealed. The state covenants
74with holders of bonds or other instruments of indebtedness
75issued by local governments, special districts, or district
76school boards prior to July 1, 2000, that it is not the intent
77of this subparagraph to adversely affect the rights of those
78holders or relieve local governments, special districts, or
79district school boards of the duty to meet their obligations as
80a result of previous pledges or assignments or trusts entered
81into which obligated funds received from the distribution to
82county governments under then-existing s. 550.135. This
83distribution specifically is in lieu of funds distributed under
84s. 550.135 prior to July 1, 2000.
85     b.  The department shall distribute $166,667 monthly
86pursuant to s. 288.1162 to each applicant that has been
87certified as a "facility for a new professional sports
88franchise" or a "facility for a retained professional sports
89franchise" pursuant to s. 288.1162. Up to $41,667 shall be
90distributed monthly by the department to each applicant that has
91been certified as a "facility for a retained spring training
92franchise" pursuant to s. 288.1162; however, not more than
93$208,335 may be distributed monthly in the aggregate to all
94certified facilities for a retained spring training franchise.
95Distributions shall begin 60 days following such certification
96and shall continue for not more than 30 years. Nothing contained
97in this paragraph shall be construed to allow an applicant
98certified pursuant to s. 288.1162 to receive more in
99distributions than actually expended by the applicant for the
100public purposes provided for in s. 288.1162(6). However, a
101certified applicant is entitled to receive distributions up to
102the maximum amount allowable and undistributed under this
103section for additional renovations and improvements to the
104facility for the franchise without additional certification.
105     c.  Beginning 30 days after notice by the Office of
106Tourism, Trade, and Economic Development to the Department of
107Revenue that an applicant has been certified as the professional
108golf hall of fame pursuant to s. 288.1168 and is open to the
109public, $166,667 shall be distributed monthly, for up to 300
110months, to the applicant.
111     d.  Beginning 30 days after notice by the Office of
112Tourism, Trade, and Economic Development to the Department of
113Revenue that the applicant has been certified as the
114International Game Fish Association World Center facility
115pursuant to s. 288.1169, and the facility is open to the public,
116$83,333 shall be distributed monthly, for up to 168 months, to
117the applicant. This distribution is subject to reduction
118pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
119made, after certification and before July 1, 2000.
120     e.  Beginning 30 days after notice by the Office of
121Tourism, Trade, and Economic Development to the Department of
122Revenue that an applicant has been certified as the NASCAR Hall
123of Fame facility pursuant to s. 288.1170 and is open to the
124public, $100,000 shall be distributed monthly, for up to 300
125months, to the applicant.
126     8.  All other proceeds shall remain with the General
127Revenue Fund.
128     Section 65.  Section 288.1170, Florida Statutes, is created
129to read:
130     288.1170  National Association for Stock Car Auto Racing,
131Inc. (NASCAR) Hall of Fame facility; duties of the Office of
132Tourism, Trade, and Economic Development.--
133     (1)  The Office of Tourism, Trade, and Economic Development
134shall serve as the state entity for screening applicants for
135state funding pursuant to s. 212.20 and for certifying one
136applicant as the NASCAR Hall of Fame facility in the state.
137     (2)  Prior to certifying the NASCAR Hall of Fame facility,
138the Office of Tourism, Trade, and Economic Development must
139determine that:
140     (a)  The NASCAR Hall of Fame facility would be the only
141NASCAR Hall of Fame in the United States recognized by NASCAR,
142Inc.
143     (b)  The applicant is a unit of local government as defined
144in s. 218.369 or a private sector not-for-profit group that has
145contracted to construct or operate the NASCAR Hall of Fame
146facility on land owned by a unit of local government.
147     (c)  The municipality in which the NASCAR Hall of Fame
148facility is located, or the county if the facility is located in
149an unincorporated area, has certified by resolution after a
150public hearing that the application serves a public purpose.
151     (d)  There are existing projections that the NASCAR Hall of
152Fame facility will attract a paid attendance of more than
153350,000 annually.
154     (e)  There is an independent analysis or study, using
155methodology approved by the Office of Tourism, Trade, and
156Economic Development, which demonstrates that the amount of the
157revenues generated by the taxes imposed under chapter 212 with
158respect to the use and operation of the NASCAR Hall of Fame
159facility will equal or exceed $1.2 million annually.
160     (f)  Documentation exists that demonstrates that the
161applicant has provided, is capable of providing, or has
162financial or other commitments to provide more than one-half of
163the cost incurred or related to the improvement and development
164of the facility.
165     (g)  The application is signed by an official senior
166executive of the applicant and is notarized according to the
167laws of this state providing for penalties for falsification.
168     (3)  The applicant may use funds provided pursuant to s.
169212.20 for the public purpose of paying for the construction,
170reconstruction, renovation, or operation of the NASCAR Hall of
171Fame facility, or to pay or pledge for payment of debt service
172on, or to fund debt service reserve funds, arbitrage rebate
173obligations, or other amounts payable with respect to, bonds
174issued for the construction, reconstruction, or renovation of
175the facility or for the reimbursement of such costs or the
176refinancing of bonds issued for such purpose.
177     (4)  Upon determining that an applicant will or will not be
178certified, the  Office of Tourism, Trade, and Economic
179Development shall notify the applicant of his or her status by
180means of an official letter. If certified, the secretary shall
181notify the executive director of the Department of Revenue and
182the applicant of such certification by means of an official
183letter granting certification. From the date of such
184certification, the applicant shall have 5 years to open the
185NASCAR Hall of Fame facility to the public and notify the Office
186of Tourism, Trade, and Economic Development of such opening. The
187Department of Revenue shall not begin distributing funds until
18830 days following notice by the Office of Tourism, Trade, and
189Economic Development that the NASCAR Hall of Fame facility is
190open to the public.
191     (5)  The Department of Revenue may audit as provided in s.
192213.34, to verify that the distributions under this section have
193been expended as required by this section.
194     (6)  The Office of Tourism, Trade, and Economic Development
195must recertify every 10 years that the facility is open,
196continues to be the only NASCAR Hall of Fame in the United
197States recognized by NASCAR, Inc., and is meeting the minimum
198projections for attendance or sales tax revenue as required at
199the time of original certification.
200     Section 66.  Paragraph (eee) is added to subsection (4) of
201section 320.08056, Florida Statutes, to read:
202     320.08056  Specialty license plates.--
203     (4)  The following license plate annual use fees shall be
204collected for the appropriate specialty license plates:
205     (eee)  NASCAR license plate, $25.
206     Section 67.  Subsection (57) is added to section 320.08058,
207Florida Statutes, to read:
208     320.08058  Specialty license plates.--
209     (57)  NASCAR LICENSE PLATES.--
210     (a)  Upon an organization's meeting the requirements in s.
211320.08053, the Department of Highway Safety and Motor Vehicles
212shall develop a NASCAR license plate as provided in this
213subsection. The word "Florida" must appear at the top of the
214plate. The NASCAR Hall of Fame, following consultation with
215NASCAR and the International Speedway Corporation, may submit a
216revised sample plate for consideration by the department.
217     (b)  The annual use fee shall be distributed to the
218Department of Revenue to offset the sales tax disbursements of
219$1.2 million per year by the Department of Revenue to the NASCAR
220Hall of Fame, Inc., for the construction, operation, and
221maintenance of the NASCAR Hall of Fame in Daytona Beach. Any
222distribution of fees to the department in excess of the sales
223tax distributions shall be retained and used to offset future
224distributions.
225     Section 68.  The authorization of the specialty license
226plate as provided in this act is subject to the City of Daytona
227Beach's being designated as the site for the official NASCAR
228Hall of Fame. If that designation is not awarded to the City of
229Daytona Beach, the authorization of the NASCAR specialty tag is
230rescinded.
231     Section 69.  Until the NASCAR Hall of Fame has been
232certified by the Office of Tourism, Trade, and Economic
233Development as provided in this act, the funds generated by the
234sale of the NASCAR license plate shall be deposited with the
235Department of Revenue and held in trust for the benefit of the
236NASCAR Hall of Fame facility upon certification. If the NASCAR
237Hall of Fame facility is not certified, the authorization of the
238NASCAR specialty tag is rescinded and the funds generated by the
239NASCAR specialty tag until this time shall be deposited into the
240Professional Sports Development Trust Fund within the Office of
241Tourism, Trade, and Economic Development. All funds must be used
242to support and promote major sporting events and the uses must
243be approved by the Florida Sports Foundation.
244     Section 70.  Except as otherwise provided herein, this act
245shall take effect July 1, 2005, except that the creation of ss.
246320.08056(4)(eee) and 320.08058(57), Florida Statutes, by this
247act shall take effect 30 days after the City of Daytona Beach is
248designated as the site for the official NASCAR Hall of Fame
249facility and provisional certification is granted by the Office
250of Tourism, Trade, and Economic Development.
251
252
253================ T I T L E  A M E N D M E N T =============
254     Remove line 3810 and insert:
255
256amending s. 212.20, F.S.; providing for distribution of a
257portion of revenues from the tax on sales, use, and other
258transactions to a NASCAR Hall of Fame facility; creating
259s. 288.1170, F.S.; specifying the Office of Tourism,
260Trade, and Economic Development as the state entity for
261screening NASCAR Hall of Fame facility applicants;
262providing for certification of such facility by the
263office; providing requirements for certification and
264operation of the facility; providing for distribution of
265funds; authorizing certain uses of funds distributed to
266the facility; providing procedural requirements for the
267office; limiting distribution of funds by the Department
268of Revenue; providing for audits by the department;
269providing for periodic recertification by the office;
270providing requirements; amending s. 320.08056, F.S.;
271providing for a NASCAR license plate fee; amending s.
272320.08058, F.S.; providing for a NASCAR license plate;
273providing for a use fee; directing the Department of
274Highway Safety and Motor Vehicles to develop a NASCAR
275license plate; providing for the distribution and use of
276fees; providing contingent authorization to develop the
277tag; providing for an alternative deposit of certain
278license plate funds until certification of a NASCAR Hall
279of Fame; providing for alternative uses of such funds
280without certification; providing effective dates.


CODING: Words stricken are deletions; words underlined are additions.
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