Senate Bill sb0102B

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                 SB 102-B

    By Senator Futch





    18-544-02                                           See HB 7-B

  1                      A bill to be entitled

  2         An act relating to the local option tourist

  3         development tax; amending s. 125.0104, F.S.;

  4         providing that the additional tax authorized

  5         for bonds for a professional sports franchise

  6         facility, a retained spring training franchise

  7         facility, or a convention center, and for

  8         operation and maintenance costs of a convention

  9         center, and the additional tax authorized for

10         bonds for facilities for a new professional

11         sports franchise or a retained spring training

12         franchise, may also be used to promote and

13         advertise tourism; providing an effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Paragraphs (l) and (n) of subsection (3) of

18  section 125.0104, Florida Statutes, are amended to read:

19         125.0104  Tourist development tax; procedure for

20  levying; authorized uses; referendum; enforcement.--

21         (3)  TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.--

22         (l)  In addition to any other tax which is imposed

23  pursuant to this section, a county may impose up to an

24  additional 1-percent tax on the exercise of the privilege

25  described in paragraph (a) by majority vote of the governing

26  board of the county in order to:

27         1.  Pay the debt service on bonds issued to finance the

28  construction, reconstruction, or renovation of a professional

29  sports franchise facility, or the acquisition, construction,

30  reconstruction, or renovation of a retained spring training

31  franchise facility, either publicly owned and operated, or

                                  1

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






    Florida Senate - 2001                                 SB 102-B
    18-544-02                                           See HB 7-B




  1  publicly owned and operated by the owner of a professional

  2  sports franchise or other lessee with sufficient expertise or

  3  financial capability to operate such facility, and to pay the

  4  planning and design costs incurred prior to the issuance of

  5  such bonds.

  6         2.  Pay the debt service on bonds issued to finance the

  7  construction, reconstruction, or renovation of a convention

  8  center, and to pay the planning and design costs incurred

  9  prior to the issuance of such bonds.

10         3.  Pay the operation and maintenance costs of a

11  convention center for a period of up to 10 years. Only

12  counties that have elected to levy the tax for the purposes

13  authorized in subparagraph 2. may use the tax for the purposes

14  enumerated in this subparagraph. Any county that elects to

15  levy the tax for the purposes authorized in subparagraph 2.

16  after July 1, 2000, may use the proceeds of the tax to pay the

17  operation and maintenance costs of a convention center for the

18  life of the bonds.

19         4.  Promote and advertise tourism in the State of

20  Florida and nationally and internationally; however, if tax

21  revenues are expended for an activity, service, venue, or

22  event, the activity, service, venue, or event shall have as

23  one of its main purposes the attraction of tourists as

24  evidenced by the promotion of the activity, service, venue, or

25  event to tourists.

26

27  The provision of paragraph (b) which prohibits any county

28  authorized to levy a convention development tax pursuant to s.

29  212.0305 from levying more than the 2-percent tax authorized

30  by this section, and the provisions of paragraphs (4)(a)-(d),

31  shall not apply to the additional tax authorized in this

                                  2

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






    Florida Senate - 2001                                 SB 102-B
    18-544-02                                           See HB 7-B




  1  paragraph. The effective date of the levy and imposition of

  2  the tax authorized under this paragraph shall be the first day

  3  of the second month following approval of the ordinance by the

  4  governing board or the first day of any subsequent month as

  5  may be specified in the ordinance.  A certified copy of such

  6  ordinance shall be furnished by the county to the Department

  7  of Revenue within 10 days after approval of such ordinance.

  8         (n)  In addition to any other tax that is imposed under

  9  this section, a county that has imposed the tax under

10  paragraph (l) may impose an additional tax that is no greater

11  than 1 percent on the exercise of the privilege described in

12  paragraph (a) by a majority plus one vote of the membership of

13  the board of county commissioners in order to:

14         1.  Pay the debt service on bonds issued to finance:

15         a.1.  The construction, reconstruction, or renovation

16  of a facility either publicly owned and operated, or publicly

17  owned and operated by the owner of a professional sports

18  franchise or other lessee with sufficient expertise or

19  financial capability to operate such facility, and to pay the

20  planning and design costs incurred prior to the issuance of

21  such bonds for a new professional sports franchise as defined

22  in s. 288.1162.

23         b.2.  The acquisition, construction, reconstruction, or

24  renovation of a facility either publicly owned and operated,

25  or publicly owned and operated by the owner of a professional

26  sports franchise or other lessee with sufficient expertise or

27  financial capability to operate such facility, and to pay the

28  planning and design costs incurred prior to the issuance of

29  such bonds for a retained spring training franchise.

30         2.  Promote and advertise tourism in the State of

31  Florida and nationally and internationally; however, if tax

                                  3

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






    Florida Senate - 2001                                 SB 102-B
    18-544-02                                           See HB 7-B




  1  revenues are expended for an activity, service, venue, or

  2  event, the activity, service, venue, or event shall have as

  3  one of its main purposes the attraction of tourists as

  4  evidenced by the promotion of the activity, service, venue, or

  5  event to tourists.

  6

  7  A county that imposes the tax authorized in this paragraph may

  8  not expend any ad valorem tax revenues for the acquisition,

  9  construction, reconstruction, or renovation of a that facility

10  for which tax revenues are used pursuant to subparagraph 1.

11  The provision of paragraph (b) which prohibits any county

12  authorized to levy a convention development tax pursuant to s.

13  212.0305 from levying more than the 2-percent tax authorized

14  by this section shall not apply to the additional tax

15  authorized by this paragraph in counties which levy convention

16  development taxes pursuant to s. 212.0305(4)(a). Subsection

17  (4) does not apply to the adoption of the additional tax

18  authorized in this paragraph. The effective date of the levy

19  and imposition of the tax authorized under this paragraph is

20  the first day of the second month following approval of the

21  ordinance by the board of county commissioners or the first

22  day of any subsequent month specified in the ordinance. A

23  certified copy of such ordinance shall be furnished by the

24  county to the Department of Revenue within 10 days after

25  approval of the ordinance.

26         Section 2.  This act shall take effect upon becoming a

27  law.

28

29

30

31

                                  4

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






    Florida Senate - 2001                                 SB 102-B
    18-544-02                                           See HB 7-B




  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Provides that the additional local option tourist
  4    development tax authorized for bonds for a professional
      sports franchise facility, a retained spring training
  5    franchise facility, or a convention center, and for
      operation and maintenance costs of a convention center,
  6    and the additional tax authorized for bonds for
      facilities for a new professional sports franchise or a
  7    retained spring training franchise, may also be used to
      promote and advertise tourism.
  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5

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