HB 1447CS

CHAMBER ACTION




1The Tourism Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to an exemption from the tax on sales,
7use, and other transactions; amending s. 212.031, F.S.;
8deleting the exemption from the tax on rental or license
9fees for the use of real property which applies to charges
10for the rental, lease, sublease, or license for the use of
11a skybox, luxury box, or other box seats during a high
12school or college football game; providing that the
13amendment is inapplicable to contracts entered into before
14a specified date; providing that the exempt status of
15charges imposed under any such contract ends after a
16specified date; providing for nonapplication to certain
17exemptions of rentals, leases, subleases, or licenses
18imposed by certain nonprofit sponsoring organizations;
19providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Subsections (9) and (10) of section 212.031,
24Florida Statutes, are amended to read:
25     212.031  Tax on rental or license fee for use of real
26property.--
27     (9)  The rental, lease, sublease, or license for the use of
28a skybox, luxury box, or other box seats for use during a high
29school or college football game is exempt from the tax imposed
30by this section when the charge for such rental, lease,
31sublease, or license is imposed by a nonprofit sponsoring
32organization which is qualified as nonprofit pursuant to s.
33501(c)(3) of the Internal Revenue Code.
34     (9)(10)  Separately stated charges imposed by a convention
35hall, exhibition hall, auditorium, stadium, theater, arena,
36civic center, performing arts center, or publicly owned
37recreational facility upon a lessee or licensee for food, drink,
38or services required or available in connection with a lease or
39license to use real property, including charges for laborers,
40stagehands, ticket takers, event staff, security personnel,
41cleaning staff, and other event-related personnel, advertising,
42and credit card processing, are exempt from the tax imposed by
43this section.
44     Section 2.  The amendment to s. 212.031(9), Florida
45Statutes, by this act does not affect contracts entered into
46before July 1, 2005; however, the exempt status of charges
47imposed under such a contract terminates no later than January
481, 2010. In addition, the amendment does not affect any
49exemption granted under chapter 212, Florida Statutes, to
50nonprofit organizations that are qualified under s. 501(c)(3) of
51the Internal Revenue Code of 1986, as amended.
52     Section 3.  This act shall not apply to any exemptions in
53chapter 212, Florida Statutes, relating to rentals, leases,
54subleases, or licenses imposed by a nonprofit sponsoring
55organization which is qualified as nonprofit pursuant to s.
56501(c)(3) of the Internal Revenue Code of 1986, as amended.
57     Section 4.  This act shall take effect July 1, 2005.


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