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House Bill 1737

Florida House of Representatives - 1997 HB 1737 By Representative Healey 1 A bill to be entitled 2 An act relating to the tourist development tax; 3 amending s. 125.0104, F.S.; providing for a 4 county to levy an additional tax for the 5 purpose of paying the operating deficit of a 6 convention center located in a community 7 redevelopment area; providing an effective 8 date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (n) of subsection (3) of section 13 125.0104, Florida Statutes, 1996 Supplement, is amended to 14 read: 15 125.0104 Tourist development tax; procedure for 16 levying; authorized uses; referendum; enforcement.-- 17 (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.-- 18 (n)1. In addition to any other tax that is imposed 19 under this section, a county that has imposed the tax under 20 paragraph (l) may impose an additional tax that is no greater 21 than 1 percent on the exercise of the privilege described in 22 paragraph (a) by a majority plus one vote of the membership of 23 the board of county commissioners in order: 24 a. To pay the debt service on bonds issued to finance 25 the construction, reconstruction, or renovation of a facility 26 either publicly owned and operated, or publicly owned and 27 operated by the owner of a professional sports franchise or 28 other lessee with sufficient expertise or financial capability 29 to operate such facility, and to pay the planning and design 30 costs incurred prior to the issuance of such bonds for a new 31 professional sports franchise as defined in s. 288.1162; or. 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1737 268-239-97 1 b. To pay for the operating deficit of a convention 2 center located in a community redevelopment area, as defined 3 in s. 163.340, within a municipality that has entered into an 4 interlocal agreement with the county for such purpose. 5 2. A county that imposes the tax authorized in this 6 paragraph may not expend any ad valorem tax revenues for the 7 construction, reconstruction, or renovation of that facility. 8 A county that imposes the tax authorized in sub-subparagraph 9 1.b. shall, by ordinance, establish a method to calculate the 10 operating surplus or deficit of the convention center. The 11 ordinance must require the county tourist development council 12 to compare, at least annually, the operating surplus or 13 deficit of the convention center to the additional 1-percent 14 of tax levied, as computed by the county tax collector. Any 15 excess of the tax proceeds collected over the amount of the 16 deficit must be placed in escrow, with an established 17 cumulative maximum and minimum amount, to be used solely for 18 future operating deficits. If the reserve reaches the 19 established cumulative maximum amount, the board of county 20 commissioners shall by resolution, on the recommendation of 21 the county tourist development council, suspend the levy of 22 the tax. If the reserve is depleted below the established 23 minimum amount, the board of county commissioners shall by 24 resolution, on the recommendation of the county tourist 25 development council, resume the levy of the tax. A county may 26 levy the tax authorized in sub-subparagraph 1.b. in a 27 subcounty special district of the county and may establish 28 further limitations on persons subjected to the tax as 29 otherwise set forth in paragraph (a). The provision of 30 paragraph (b) which prohibits any county authorized to levy a 31 convention development tax pursuant to s. 212.0305 from 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1737 268-239-97 1 levying more than the 2-percent tax authorized by this section 2 does shall not apply to the additional tax authorized by this 3 paragraph in counties which levy convention development taxes 4 pursuant to s. 212.0305(4)(a). Subsection (4) does not apply 5 to the adoption of the additional tax authorized in this 6 paragraph. The effective date of the levy and imposition of 7 the tax authorized under this paragraph is the first day of 8 the second month following approval of the ordinance by the 9 board of county commissioners or the first day of any 10 subsequent month specified in the ordinance. A certified copy 11 of such ordinance shall be furnished by the county to the 12 Department of Revenue within 10 days after approval of the 13 ordinance. 14 Section 2. This act shall take effect October 1, 1997. 15 16 ***************************************** 17 SENATE SUMMARY 18 Provides for a county to levy an additional tax for the purpose of paying the operating deficit of a convention 19 center located in a community redevelopment area. 20 21 22 23 24 25 26 27 28 29 30 31 3