Florida Senate - 2011                 (Corrected Copy)    SB 466
       
       
       
       By Senator Braynon
       
       
       
       
       28-00341A-11                                           2011466__
    1                        A bill to be entitled                      
    2         An act relating to the tourist development tax;
    3         amending s. 125.0104, F.S.; providing additional
    4         bonding authority for a certain additional tourist
    5         development tax; providing a limitation on tax
    6         revenues received from such tax and used for certain
    7         purposes; limiting the expenditure of ad valorem tax
    8         revenue for expansion of facilities by a county
    9         imposing a tourist development tax for certain
   10         purposes; providing for nonapplication of a
   11         prohibition against levying such tax in certain cities
   12         and towns under certain conditions; providing for
   13         controlling application notwithstanding certain
   14         contrary authority; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (n) of subsection (3) of section
   19  125.0104, Florida Statutes, is amended to read:
   20         125.0104 Tourist development tax; procedure for levying;
   21  authorized uses; referendum; enforcement.—
   22         (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.—
   23         (n)1. In addition to any other tax that is imposed under
   24  this section, a county that has imposed the tax under paragraph
   25  (l) may impose an additional tax that is no greater than 1
   26  percent on the exercise of the privilege described in paragraph
   27  (a) by a majority plus one vote of the membership of the board
   28  of county commissioners in order to:
   29         a.1. Pay the debt service on bonds issued to finance:
   30         (I)a. The construction, reconstruction, or renovation of a
   31  facility either publicly owned and operated, or on land publicly
   32  owned and operated by the owner of a professional sports
   33  franchise or other lessee with sufficient expertise or financial
   34  capability to operate such facility, and to pay the planning and
   35  design costs incurred prior to the issuance of such bonds for a
   36  new professional sports facility within the boundaries of a
   37  county within which the tax is levied or within an adjacent
   38  county, provided that a facility that is or is to be located in
   39  an adjacent county is located within 11 miles of the boundary of
   40  the county within which the tax is levied; a professional sports
   41  team that uses the facility has a training facility within the
   42  boundaries of the adjacent county; the adjacent county finds
   43  that the financed facility generates economic development within
   44  such county; and the combined populations of the county levying
   45  the tax and the adjacent county where the facility is located or
   46  is to be located exceeds 4 million franchise as defined in s.
   47  288.1162.
   48         (II)b. The acquisition, construction, reconstruction, or
   49  renovation of a facility either publicly owned and operated, or
   50  publicly owned and operated by the owner of a professional
   51  sports franchise or other lessee with sufficient expertise or
   52  financial capability to operate such facility, and to pay the
   53  planning and design costs incurred prior to the issuance of such
   54  bonds for a retained spring training franchise.
   55         (III) The expansion, reconstruction, or renovation of an
   56  existing convention center, including the construction of
   57  related contiguous and connected facilities that provide
   58  meeting, banquet, and exhibition spaces that facilitate or
   59  enhance the use of the existing convention center, and to pay
   60  the planning and design costs incurred prior to the issuance of
   61  any such bonds.
   62         b.2. Promote and advertise tourism in the State of Florida
   63  and nationally and internationally; however, if tax revenues are
   64  expended for an activity, service, venue, or event, the
   65  activity, service, venue, or event shall have as one of its main
   66  purposes the attraction of tourists as evidenced by the
   67  promotion of the activity, service, venue, or event to tourists.
   68         2. In any county in which the tax authorized by this
   69  paragraph is imposed initially on or after January 1, 2012, the
   70  tax revenues received from the imposition of such tax and used
   71  for the purposes set forth in sub-sub-subparagraph 1.a.(III) and
   72  sub-subparagraph 1.b. in the aggregate may not exceed 49.9
   73  percent of the total tax revenues received from the imposition
   74  of such tax.
   75         3. A county that imposes the tax authorized in this
   76  paragraph may not expend any ad valorem tax revenues for the
   77  acquisition, expansion, construction, reconstruction, or
   78  renovation of a facility for which tax revenues are used
   79  pursuant to subparagraph 1. The provision of paragraph (b) which
   80  prohibits any county authorized to levy a convention development
   81  tax pursuant to s. 212.0305 from levying more than the 2-percent
   82  tax authorized by this section shall not apply to the additional
   83  tax authorized by this paragraph. In addition, the prohibition
   84  under paragraph (b) against any additional levy under this
   85  section in any cities or towns presently imposing a municipal
   86  resort tax as authorized by chapter 67-930, Laws of Florida,
   87  does not apply to the levy of the additional tax authorized by
   88  this paragraph and the additional tax authorized by this
   89  paragraph may be levied in such cities and towns to pay debt
   90  service on bonds issued pursuant to this subsection; however,
   91  such bonds must be issued no later than December 14, 2015, but
   92  may be refunded and refinanced at the discretion of the issuer
   93  in counties which levy convention development taxes pursuant to
   94  s. 212.0305(4)(a). Subsection (4) does not apply to the adoption
   95  of the additional tax authorized in this paragraph. The
   96  effective date of the levy and imposition of the tax authorized
   97  under this paragraph is the first day of the second month
   98  following approval of the ordinance by the board of county
   99  commissioners or the first day of any subsequent month specified
  100  in the ordinance. A certified copy of such ordinance shall be
  101  furnished by the county to the Department of Revenue within 10
  102  days after approval of the ordinance.
  103         4. This paragraph controls over any contrary provision of
  104  subsection (5).
  105         Section 2. This act shall take effect July 1, 2011.