Florida Senate - 2010                                    SB 2006
       
       
       
       By Senator Lynn
       
       
       
       
       7-01494-10                                            20102006__
    1                        A bill to be entitled                      
    2         An act relating to the admissions tax; amending s.
    3         212.04, F.S.; exempting from the tax admission charges
    4         to certain educational events; deleting the exemption
    5         for admissions to events sponsored by certain entities
    6         in certain venues; deleting certain definitions;
    7         providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (a) of subsection (2) of section
   12  212.04, Florida Statutes, is amended to read:
   13         212.04 Admissions tax; rate, procedure, enforcement.—
   14         (2)(a)1. No tax shall be levied on admissions to athletic
   15  or other events sponsored by elementary schools, junior high
   16  schools, middle schools, high schools, community colleges,
   17  public or private colleges and universities, deaf and blind
   18  schools, facilities of the youth services programs of the
   19  Department of Children and Family Services, and state
   20  correctional institutions when only student, faculty, or inmate
   21  talent is used. However, this exemption shall not apply to
   22  admission to athletic events sponsored by a state university,
   23  and the proceeds of the tax collected on such admissions shall
   24  be retained and used by each institution to support women’s
   25  athletics as provided in s. 1006.71(2)(c).
   26         2.a. No tax shall be levied on dues, membership fees, and
   27  admission charges imposed by not-for-profit sponsoring
   28  organizations. To receive this exemption, the sponsoring
   29  organization must qualify as a not-for-profit entity under the
   30  provisions of s. 501(c)(3) of the Internal Revenue Code of 1954,
   31  as amended.
   32         b. No tax shall be levied on admission charges to an
   33  educational event sponsored by a public college, university, or
   34  community college governmental entity, sports authority, or
   35  sports commission when held in a museum, planetarium,
   36  observatory, or large format or high-definition cinema owned by
   37  the sponsor convention hall, exhibition hall, auditorium,
   38  stadium, theater, arena, civic center, performing arts center,
   39  or publicly owned recreational facility and when 100 percent of
   40  the risk of success or failure lies with the sponsor of the
   41  event and 100 percent of the funds at risk for the event belong
   42  to the sponsor, and student or faculty talent is not exclusively
   43  used. As used in this sub-subparagraph, the terms “sports
   44  authority” and “sports commission” mean a nonprofit organization
   45  that is exempt from federal income tax under s. 501(c)(3) of the
   46  Internal Revenue Code and that contracts with a county or
   47  municipal government for the purpose of promoting and attracting
   48  sports-tourism events to the community with which it contracts.
   49  This sub-subparagraph is repealed July 1, 2009.
   50         3. No tax shall be levied on an admission paid by a
   51  student, or on the student’s behalf, to any required place of
   52  sport or recreation if the student’s participation in the sport
   53  or recreational activity is required as a part of a program or
   54  activity sponsored by, and under the jurisdiction of, the
   55  student’s educational institution, provided his or her
   56  attendance is as a participant and not as a spectator.
   57         4. No tax shall be levied on admissions to the National
   58  Football League championship game, on admissions to any
   59  semifinal game or championship game of a national collegiate
   60  tournament, or on admissions to a Major League Baseball all-star
   61  game.
   62         5. A participation fee or sponsorship fee imposed by a
   63  governmental entity as described in s. 212.08(6) for an athletic
   64  or recreational program is exempt when the governmental entity
   65  by itself, or in conjunction with an organization exempt under
   66  s. 501(c)(3) of the Internal Revenue Code of 1954, as amended,
   67  sponsors, administers, plans, supervises, directs, and controls
   68  the athletic or recreational program.
   69         6. Also exempt from the tax imposed by this section to the
   70  extent provided in this subparagraph are admissions to live
   71  theater, live opera, or live ballet productions in this state
   72  which are sponsored by an organization that has received a
   73  determination from the Internal Revenue Service that the
   74  organization is exempt from federal income tax under s.
   75  501(c)(3) of the Internal Revenue Code of 1954, as amended, if
   76  the organization actively participates in planning and
   77  conducting the event, is responsible for the safety and success
   78  of the event, is organized for the purpose of sponsoring live
   79  theater, live opera, or live ballet productions in this state,
   80  has more than 10,000 subscribing members and has among the
   81  stated purposes in its charter the promotion of arts education
   82  in the communities which it serves, and will receive at least 20
   83  percent of the net profits, if any, of the events which the
   84  organization sponsors and will bear the risk of at least 20
   85  percent of the losses, if any, from the events which it sponsors
   86  if the organization employs other persons as agents to provide
   87  services in connection with a sponsored event. Prior to March 1
   88  of each year, such organization may apply to the department for
   89  a certificate of exemption for admissions to such events
   90  sponsored in this state by the organization during the
   91  immediately following state fiscal year. The application shall
   92  state the total dollar amount of admissions receipts collected
   93  by the organization or its agents from such events in this state
   94  sponsored by the organization or its agents in the year
   95  immediately preceding the year in which the organization applies
   96  for the exemption. Such organization shall receive the exemption
   97  only to the extent of $1.5 million multiplied by the ratio that
   98  such receipts bear to the total of such receipts of all
   99  organizations applying for the exemption in such year; however,
  100  in no event shall such exemption granted to any organization
  101  exceed 6 percent of such admissions receipts collected by the
  102  organization or its agents in the year immediately preceding the
  103  year in which the organization applies for the exemption. Each
  104  organization receiving the exemption shall report each month to
  105  the department the total admissions receipts collected from such
  106  events sponsored by the organization during the preceding month
  107  and shall remit to the department an amount equal to 6 percent
  108  of such receipts reduced by any amount remaining under the
  109  exemption. Tickets for such events sold by such organizations
  110  shall not reflect the tax otherwise imposed under this section.
  111         7. Also exempt from the tax imposed by this section are
  112  entry fees for participation in freshwater fishing tournaments.
  113         8. Also exempt from the tax imposed by this section are
  114  participation or entry fees charged to participants in a game,
  115  race, or other sport or recreational event if spectators are
  116  charged a taxable admission to such event.
  117         9. No tax shall be levied on admissions to any postseason
  118  collegiate football game sanctioned by the National Collegiate
  119  Athletic Association.
  120         Section 2. This act shall take effect July 1, 2010.