Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 2008
       
       
       
       
       
       
                                Ì285024ÃÎ285024                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Community Affairs (Diaz) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (d), (l), (m), and (n) of subsection
    6  (3), paragraphs (a) and (d) of subsection (5), paragraph (a) of
    7  subsection (6), and paragraph (b) of subsection (7) of section
    8  125.0104, Florida Statutes, are amended to read:
    9         125.0104 Tourist development tax; procedure for levying;
   10  authorized uses; referendum; enforcement.—
   11         (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.—
   12         (d) In addition to any 1-percent or 2-percent tax imposed
   13  under paragraph (c), the governing board of the county may levy,
   14  impose, and set an additional 1 percent of each dollar above the
   15  tax rate set under paragraph (c) by the extraordinary vote of
   16  the governing board for the purposes set forth in subsection (5)
   17  or by ordinance subject to referendum approval by the registered
   18  electors within the county or subcounty special district, in
   19  accordance with subsection (6). No county shall levy, impose,
   20  and set the tax authorized under this paragraph unless the
   21  county has imposed the 1-percent or 2-percent tax authorized
   22  under paragraph (c) for a minimum of 3 years prior to the
   23  effective date of the levy and imposition of the tax authorized
   24  by this paragraph. Revenues raised by the additional tax
   25  authorized under this paragraph may shall not be used for debt
   26  service on or refinancing of existing facilities as specified in
   27  subparagraph (5)(a)1. unless approved in a referendum election
   28  by a majority of the electors voting in such election in the
   29  county or the subcounty special taxing district by a resolution
   30  adopted by an extraordinary majority of the total membership of
   31  the governing board of the county. If the 1-percent or 2-percent
   32  tax authorized in paragraph (c) is levied within a subcounty
   33  special taxing district, the additional tax authorized in this
   34  paragraph shall only be levied therein. The provisions of
   35  paragraphs (4)(a)-(d) do shall not apply to the adoption of the
   36  additional tax authorized in this paragraph. The effective date
   37  of the levy and imposition of the tax authorized under this
   38  paragraph shall be the first day of the second month following
   39  approval of the ordinance by referendum, as set forth in
   40  subsection (6), or the first day of any subsequent month as may
   41  be specified in the ordinance the governing board or the first
   42  day of any subsequent month as may be specified in the
   43  ordinance. A certified copy of such ordinance shall be furnished
   44  by the county to the Department of Revenue within 10 days after
   45  approval of such ordinance.
   46         (l) In addition to any other tax which is imposed pursuant
   47  to this section, a county may impose up to an additional 1
   48  percent tax on the exercise of the privilege described in
   49  paragraph (a) by ordinance, subject to referendum approval by
   50  the registered electors within the county in accordance with
   51  subsection (6), by majority vote of the governing board of the
   52  county in order to:
   53         1. Pay the debt service on bonds issued to finance the
   54  construction, reconstruction, or renovation of a professional
   55  sports franchise facility, or the acquisition, construction,
   56  reconstruction, or renovation of a retained spring training
   57  franchise facility, either publicly owned and operated, or
   58  publicly owned and operated by the owner of a professional
   59  sports franchise or other lessee with sufficient expertise or
   60  financial capability to operate such facility, and to pay the
   61  planning and design costs incurred prior to the issuance of such
   62  bonds.
   63         2. Pay the debt service on bonds issued to finance the
   64  construction, reconstruction, or renovation of a convention
   65  center, and to pay the planning and design costs incurred prior
   66  to the issuance of such bonds.
   67         3. Pay the operation and maintenance costs of a convention
   68  center for a period of up to 10 years. Only counties that have
   69  elected to levy the tax for the purposes authorized in
   70  subparagraph 2. may use the tax for the purposes enumerated in
   71  this subparagraph. Any county that elects to levy the tax for
   72  the purposes authorized in subparagraph 2. after July 1, 2000,
   73  may use the proceeds of the tax to pay the operation and
   74  maintenance costs of a convention center for the life of the
   75  bonds.
   76         4. Promote and advertise tourism in the State of Florida
   77  and nationally and internationally; however, if tax revenues are
   78  expended for an activity, service, venue, or event, the
   79  activity, service, venue, or event shall have as one of its main
   80  purposes the attraction of tourists as evidenced by the
   81  promotion of the activity, service, venue, or event to tourists.
   82         5.Finance flood mitigation projects or improvements.
   83  
   84  The provision of paragraph (b) which prohibits any county
   85  authorized to levy a convention development tax pursuant to s.
   86  212.0305 from levying more than the 2-percent tax authorized by
   87  this section, and the provisions of paragraphs (4)(a)-(d), do
   88  shall not apply to the additional tax authorized in this
   89  paragraph. The effective date of the levy and imposition of the
   90  tax authorized under this paragraph shall be the first day of
   91  the second month following approval of the ordinance by
   92  referendum as set forth in subsection (6), the governing board
   93  or the first day of any subsequent month as may be specified in
   94  the ordinance. A certified copy of such ordinance shall be
   95  furnished by the county to the Department of Revenue within 10
   96  days after approval of such ordinance.
   97         (m)1. In addition to any other tax which is imposed
   98  pursuant to this section, a high tourism impact county may
   99  impose an additional 1-percent tax on the exercise of the
  100  privilege described in paragraph (a) by ordinance subject to
  101  referendum approval by the registered electors within the
  102  county, as set forth in subsection (6) by extraordinary vote of
  103  the governing board of the county. The tax revenues received
  104  pursuant to this paragraph shall be used for one or more of the
  105  authorized uses pursuant to subsection (5).
  106         2. A county is considered to be a high tourism impact
  107  county after the Department of Revenue has certified to such
  108  county that the sales subject to the tax levied pursuant to this
  109  section exceeded $600 million during the previous calendar year,
  110  or were at least 18 percent of the county’s total taxable sales
  111  under chapter 212 where the sales subject to the tax levied
  112  pursuant to this section were a minimum of $200 million, except
  113  that no county authorized to levy a convention development tax
  114  pursuant to s. 212.0305 shall be considered a high tourism
  115  impact county. Once a county qualifies as a high tourism impact
  116  county, it shall retain this designation for the period the tax
  117  is levied pursuant to this paragraph.
  118         3. The provisions of paragraphs (4)(a)-(d) do shall not
  119  apply to the adoption of the additional tax authorized in this
  120  paragraph. The effective date of the levy and imposition of the
  121  tax authorized under this paragraph shall be the first day of
  122  the second month following approval of the ordinance referendum,
  123  as set forth in subsection (6), by the governing board or the
  124  first day of any subsequent month as may be specified in the
  125  ordinance. A certified copy of such ordinance shall be furnished
  126  by the county to the Department of Revenue within 10 days after
  127  approval of such ordinance.
  128         (n) In addition to any other tax that is imposed under this
  129  section, a county that has imposed the tax under paragraph (l)
  130  may impose an additional tax that is no greater than 1 percent
  131  on the exercise of the privilege described in paragraph (a) by
  132  ordinance subject to referendum approval by the registered
  133  electors within the county as set forth in subsection (6) by a
  134  majority plus one vote of the membership of the board of county
  135  commissioners in order to:
  136         1. Pay the debt service on bonds issued to finance:
  137         a. The construction, reconstruction, or renovation of a
  138  facility either publicly owned and operated, or publicly owned
  139  and operated by the owner of a professional sports franchise or
  140  other lessee with sufficient expertise or financial capability
  141  to operate such facility, and to pay the planning and design
  142  costs incurred prior to the issuance of such bonds for a new
  143  professional sports franchise as defined in s. 288.1162.
  144         b. The acquisition, construction, reconstruction, or
  145  renovation of a facility either publicly owned and operated, or
  146  publicly owned and operated by the owner of a professional
  147  sports franchise or other lessee with sufficient expertise or
  148  financial capability to operate such facility, and to pay the
  149  planning and design costs incurred prior to the issuance of such
  150  bonds for a retained spring training franchise.
  151         2. Promote and advertise tourism in the State of Florida
  152  and nationally and internationally; however, if tax revenues are
  153  expended for an activity, service, venue, or event, the
  154  activity, service, venue, or event shall have as one of its main
  155  purposes the attraction of tourists as evidenced by the
  156  promotion of the activity, service, venue, or event to tourists.
  157         3.Finance flood mitigation projects or improvements.
  158  
  159  A county that imposes the tax authorized in this paragraph may
  160  not expend any ad valorem tax revenues for the acquisition,
  161  construction, reconstruction, or renovation of a facility for
  162  which tax revenues are used pursuant to subparagraph 1. The
  163  provision of paragraph (b) which prohibits any county authorized
  164  to levy a convention development tax pursuant to s. 212.0305
  165  from levying more than the 2-percent tax authorized by this
  166  section does shall not apply to the additional tax authorized by
  167  this paragraph in counties which levy convention development
  168  taxes pursuant to s. 212.0305(4)(a). Subsection (4) does not
  169  apply to the adoption of the additional tax authorized in this
  170  paragraph. The effective date of the levy and imposition of the
  171  tax authorized under this paragraph is the first day of the
  172  second month following approval of the ordinance by referendum,
  173  as prescribed by subsection (6), by the board of county
  174  commissioners or the first day of any subsequent month specified
  175  in the ordinance. A certified copy of such ordinance shall be
  176  furnished by the county to the Department of Revenue within 10
  177  days after approval of the ordinance.
  178         (5) AUTHORIZED USES OF REVENUE.—
  179         (a) All tax revenues received pursuant to this section by a
  180  county imposing the tourist development tax shall be used by
  181  that county for the following purposes only:
  182         1. To acquire, construct, extend, enlarge, remodel, repair,
  183  improve, maintain, operate, or promote one or more:
  184         a. Publicly owned and operated convention centers, sports
  185  stadiums, sports arenas, coliseums, or auditoriums within the
  186  boundaries of the county or subcounty special taxing district in
  187  which the tax is levied;
  188         b. Auditoriums that are publicly owned but are operated by
  189  organizations that are exempt from federal taxation pursuant to
  190  26 U.S.C. s. 501(c)(3) and open to the public, within the
  191  boundaries of the county or subcounty special taxing district in
  192  which the tax is levied; or
  193         c. Aquariums or museums that are publicly owned and
  194  operated or owned and operated by not-for-profit organizations
  195  and open to the public, within the boundaries of the county or
  196  subcounty special taxing district in which the tax is levied;
  197         2. To promote zoological parks that are publicly owned and
  198  operated or owned and operated by not-for-profit organizations
  199  and open to the public;
  200         3. To promote and advertise tourism in this state and
  201  nationally and internationally; however, if tax revenues are
  202  expended for an activity, service, venue, or event, the
  203  activity, service, venue, or event must have as one of its main
  204  purposes the attraction of tourists as evidenced by the
  205  promotion of the activity, service, venue, or event to tourists;
  206         4. To fund convention bureaus, tourist bureaus, tourist
  207  information centers, and news bureaus as county agencies or by
  208  contract with the chambers of commerce or similar associations
  209  in the county, which may include any indirect administrative
  210  costs for services performed by the county on behalf of the
  211  promotion agency;
  212         5. To finance beach park facilities, or beach, channel,
  213  estuary, or lagoon improvement, maintenance, renourishment,
  214  restoration, and erosion control, including construction of
  215  beach groins and shoreline protection, enhancement, cleanup, or
  216  restoration of inland lakes and rivers to which there is public
  217  access as those uses relate to the physical preservation of the
  218  beach, shoreline, channel, estuary, lagoon, or inland lake or
  219  river. However, any funds identified by a county as the local
  220  matching source for beach renourishment, restoration, or erosion
  221  control projects included in the long-range budget plan of the
  222  state’s Beach Management Plan, pursuant to s. 161.091, or funds
  223  contractually obligated by a county in the financial plan for a
  224  federally authorized shore protection project may not be used or
  225  loaned for any other purpose. In counties of fewer than 100,000
  226  population, up to 10 percent of the revenues from the tourist
  227  development tax may be used for beach park facilities; or
  228         6. To acquire, construct, extend, enlarge, remodel, repair,
  229  improve, maintain, operate, or finance public facilities within
  230  the boundaries of the county or subcounty special taxing
  231  district in which the tax is levied, if the public facilities
  232  are needed to increase tourist-related business activities in
  233  the county or subcounty special district and are recommended by
  234  the county tourist development council created pursuant to
  235  paragraph (4)(e). Tax revenues may be used for any related land
  236  acquisition, land improvement, design and engineering costs, and
  237  all other professional and related costs required to bring the
  238  public facilities into service. As used in this subparagraph,
  239  the term “public facilities” means major capital improvements
  240  that have a life expectancy of 5 or more years, including, but
  241  not limited to, transportation, sanitary sewer, solid waste,
  242  drainage, potable water, and pedestrian facilities. Tax revenues
  243  may be used for these purposes only if the following conditions
  244  are satisfied:
  245         a. In the county fiscal year immediately preceding the
  246  fiscal year in which the tax revenues were initially used for
  247  such purposes, at least $10 million in tourist development tax
  248  revenue was received;
  249         b. The county governing board approves the use for the
  250  proposed public facilities by a vote of at least two-thirds of
  251  its membership;
  252         c. No more than 70 percent of the cost of the proposed
  253  public facilities will be paid for with tourist development tax
  254  revenues, and sources of funding for the remaining cost are
  255  identified and confirmed by the county governing board;
  256         d. At least 40 percent of all tourist development tax
  257  revenues collected in the county are spent to promote and
  258  advertise tourism as provided by this subsection; and
  259         e. An independent professional analysis, performed at the
  260  expense of the county tourist development council, demonstrates
  261  the positive impact of the infrastructure project on tourist
  262  related businesses in the county; or
  263         7.Up to 25 percent to finance flood mitigation projects or
  264  improvements.
  265  
  266  Subparagraphs 1. and 2. may be implemented through service
  267  contracts and leases with lessees that have sufficient expertise
  268  or financial capability to operate such facilities.
  269         (d) The revenues to be derived from the tourist development
  270  tax may be pledged to secure and liquidate revenue bonds issued
  271  by the county for the purposes set forth in subparagraphs (a)1.,
  272  2., and 5., 6., and 7. or for the purpose of refunding bonds
  273  previously issued for such purposes, or both; however, no more
  274  than 50 percent of the revenues from the tourist development tax
  275  may be pledged to secure and liquidate revenue bonds or revenue
  276  refunding bonds issued for the purposes set forth in
  277  subparagraph (a)5. Such revenue bonds and revenue refunding
  278  bonds may be authorized and issued in such principal amounts,
  279  with such interest rates and maturity dates, and subject to such
  280  other terms, conditions, and covenants as the governing board of
  281  the county shall provide. The Legislature intends that this
  282  paragraph be full and complete authority for accomplishing such
  283  purposes, but such authority is supplemental and additional to,
  284  and not in derogation of, any powers now existing or later
  285  conferred under law.
  286         (6) REFERENDUM.—
  287         (a) An No ordinance enacted by any county levying or
  288  increasing the tax authorized by this section may not paragraphs
  289  (3)(b) and (c) shall take effect until the ordinance levying,
  290  and imposing, or increasing the tax has been approved in a
  291  referendum election by a majority of the electors voting in such
  292  election in the county or by a majority of the electors voting
  293  in the subcounty special tax district affected by the tax.
  294         (7) AUTOMATIC EXPIRATION ON RETIREMENT OF BONDS.
  295  Notwithstanding any other provision of this section, if the plan
  296  for tourist development approved by the governing board of the
  297  county, as amended pursuant to paragraph (4)(d), includes the
  298  acquisition, construction, extension, enlargement, remodeling,
  299  repair, or improvement of a publicly owned and operated
  300  convention center, sports stadium, sports arena, coliseum, or
  301  auditorium, or museum or aquarium that is publicly owned and
  302  operated or owned and operated by a not-for-profit organization,
  303  the county ordinance levying and imposing the tax automatically
  304  expires upon the later of:
  305         (b) The expiration of any agreement by the county for the
  306  operation or maintenance, or both, of a publicly owned and
  307  operated convention center, sports stadium, sports arena,
  308  coliseum, auditorium, aquarium, or museum. However, this does
  309  not preclude that county from amending the ordinance to extend
  310  extending the tax, subject to referendum approval in accordance
  311  with subsection (6), to the extent that the board of the county
  312  determines to be necessary to provide funds to operate,
  313  maintain, repair, or renew and replace a publicly owned and
  314  operated convention center, sports stadium, sports arena,
  315  coliseum, auditorium, aquarium, or museum or from enacting an
  316  ordinance that takes effect subject to without referendum
  317  approval in accordance with subsection (6), unless the original
  318  referendum required ordinance expiration, pursuant to the
  319  provisions of this section reimposing a tourist development tax,
  320  upon or following the expiration of the previous ordinance.
  321         Section 2. Subsection (4) of section 212.0305, Florida
  322  Statutes, is amended, and subsection (6) is added to that
  323  section, to read:
  324         212.0305 Convention development taxes; intent;
  325  administration; authorization; use of proceeds.—
  326         (4) AUTHORIZATION TO LEVY; USE OF PROCEEDS; OTHER
  327  REQUIREMENTS.—
  328         (a) Consolidated government levy for convention
  329  development.—
  330         1. Each county that operates under a government
  331  consolidated with that of one or more municipalities in the
  332  county may impose, pursuant to an ordinance subject to
  333  referendum approval by the registered electors within the
  334  county, in accordance with subsection (6) enacted by the
  335  governing body of the county, a levy on the exercise within its
  336  boundaries of the taxable privilege of leasing or letting
  337  transient rental accommodations described in subsection (3) at
  338  the rate of 2 percent of each dollar and major fraction of each
  339  dollar of the total consideration charged therefor. The proceeds
  340  of this levy shall be known as the consolidated county
  341  convention development tax.
  342         2. The county shall furnish to the department, within 10
  343  days after referendum approval of the ordinance imposing the
  344  levy, a copy of the ordinance. The effective date of imposition
  345  of the levy must be the first day of the second month following
  346  approval of the ordinance by referendum, as set forth in
  347  subsection (6), or the first day of any subsequent month as may
  348  be specified in the ordinance any month that is at least 60 days
  349  after enactment of the ordinance.
  350         3. All consolidated county convention development moneys,
  351  including any interest accrued thereon, received by a county
  352  imposing the levy must be used in any of the following manners,
  353  although the utilization authorized in sub-subparagraph a. shall
  354  apply only to municipalities with a population of 10,000 or
  355  more:
  356         a. To promote and advertise tourism;
  357         b. To extend, enlarge, and improve existing publicly owned
  358  convention centers in the county;
  359         c. To construct a multipurpose
  360  convention/coliseum/exhibition center or the maximum components
  361  thereof as funds permit in the county; and
  362         d. To acquire, construct, extend, enlarge, remodel, repair,
  363  improve, or maintain one or more convention centers, stadiums,
  364  exhibition halls, arenas, coliseums, or auditoriums; and
  365         e.Up to 25 percent to finance flood mitigation projects or
  366  improvements.
  367         4. For the purposes of completion of any project under this
  368  paragraph, tax revenues and interest accrued may be used:
  369         a. As collateral, pledged, or hypothecated for projects
  370  authorized by this paragraph, including bonds issued in
  371  connection therewith; or
  372         b. As a pledge or capital contribution in conjunction with
  373  a partnership, joint venture, or other business arrangement
  374  between the county and one or more business entities for
  375  projects authorized by this paragraph.
  376         5.a. The county may designate or appoint an authority to
  377  administer and disburse such proceeds and any other related
  378  source of revenue. However, the annual budget of the authority
  379  is subject to approval of the governing body of the county.
  380         b. Except as otherwise provided by law, one-half of the
  381  proceeds of the tax which are collected within a municipality
  382  the government of which is not consolidated with that of the
  383  county must, at the request of the governing body of the
  384  municipality, be remitted to the municipality. The revenue
  385  remitted to a municipality under this sub-subparagraph may be
  386  used by the municipality only for the purposes and in the manner
  387  authorized in this paragraph, but the municipality may enter
  388  into an interlocal agreement with the county or with any other
  389  municipality in the county to use such revenue to jointly
  390  finance any project authorized by this paragraph. This sub
  391  subparagraph does not apply to the distribution to the county of
  392  any convention development tax revenues necessary to repay the
  393  principal of or the interest on any bonds issued under sub
  394  subparagraph 4.a. before May 29, 1984. Notwithstanding this sub
  395  subparagraph, if the governing body of such a municipality
  396  adopts a resolution stating that the municipality is unable to
  397  use such revenue for any purpose authorized in this paragraph,
  398  the municipality may use the revenue to acquire and develop
  399  municipal parks, lifeguard stations, or athletic fields.
  400         6. The consolidated county convention development tax shall
  401  be in addition to any other levy imposed under this section.
  402         7. Revenues collected and returned to the county must be
  403  deposited in a convention development trust fund, which must be
  404  established by the county as a condition precedent to receipt of
  405  such funds.
  406         (b) Charter county levy for convention development.—
  407         1. Each county, as defined in s. 125.011(1), may impose,
  408  under an ordinance subject to referendum approval by the
  409  registered electors within the county, in accordance with
  410  subsection (6) enacted by the governing body of the county, a
  411  levy on the exercise within its boundaries of the taxable
  412  privilege of leasing or letting transient rental accommodations
  413  described in subsection (3) at the rate of 3 percent of the
  414  total consideration charged therefor. The proceeds of this levy
  415  shall be known as the charter county convention development tax.
  416         2. All charter county convention development moneys,
  417  including any interest accrued thereon, received by a county
  418  imposing the levy shall be used as follows:
  419         a. Two-thirds of the proceeds shall be used to extend,
  420  enlarge, and improve the largest existing publicly owned
  421  convention center in the county.
  422         b. One-third of the proceeds shall be used to construct a
  423  new multipurpose convention/coliseum/exhibition center/stadium
  424  or the maximum components thereof as funds permit in the most
  425  populous municipality in the county.
  426         c. After the completion of any project under sub
  427  subparagraph a., the tax revenues and interest accrued under
  428  sub-subparagraph a. may be used to acquire, construct, extend,
  429  enlarge, remodel, repair, improve, plan for, operate, manage, or
  430  maintain one or more convention centers, stadiums, exhibition
  431  halls, arenas, coliseums, auditoriums, flood mitigation projects
  432  and improvements, or golf courses, and may be used to acquire
  433  and construct an intercity light rail transportation system as
  434  described in the Light Rail Transit System Status Report to the
  435  Legislature dated April 1988, which shall provide a means to
  436  transport persons to and from the largest existing publicly
  437  owned convention center in the county and the hotels north of
  438  the convention center and to and from the downtown area of the
  439  most populous municipality in the county as determined by the
  440  county.
  441         d. After completion of any project under sub-subparagraph
  442  b., the tax revenues and interest accrued under sub-subparagraph
  443  b. may be used, as determined by the county, to operate an
  444  authority created pursuant to subparagraph 4. or to acquire,
  445  construct, extend, enlarge, remodel, repair, improve, operate,
  446  or maintain one or more convention centers, stadiums, exhibition
  447  halls, arenas, coliseums, auditoriums, flood mitigation projects
  448  and improvements, golf courses, or related buildings and parking
  449  facilities in the most populous municipality in the county.
  450         e. For the purposes of completion of any project pursuant
  451  to this paragraph, tax revenues and interest accrued may be
  452  used:
  453         (I) As collateral, pledged, or hypothecated for projects
  454  authorized by this paragraph, including bonds issued in
  455  connection therewith; or
  456         (II) As a pledge or capital contribution in conjunction
  457  with a partnership, joint venture, or other business arrangement
  458  between a municipality and one or more business entities for
  459  projects authorized by this paragraph.
  460         3. The governing body of each municipality in which a
  461  municipal tourist tax is levied may adopt a resolution
  462  prohibiting imposition of the charter county convention
  463  development levy within such municipality. If the governing body
  464  adopts such a resolution, the convention development levy shall
  465  be imposed by the county in all other areas of the county except
  466  such municipality. No funds collected pursuant to this paragraph
  467  may be expended in a municipality which has adopted such a
  468  resolution.
  469         4.a. Before the county enacts an ordinance imposing the
  470  levy, the county shall notify the governing body of each
  471  municipality in which projects are to be developed pursuant to
  472  sub-subparagraph 2.a., sub-subparagraph 2.b., sub-subparagraph
  473  2.c., or sub-subparagraph 2.d. As a condition precedent to
  474  receiving funding, the governing bodies of such municipalities
  475  shall designate or appoint an authority that shall have the sole
  476  power to:
  477         (I) Approve the concept, location, program, and design of
  478  the facilities or improvements to be built in accordance with
  479  this paragraph and to administer and disburse such proceeds and
  480  any other related source of revenue.
  481         (II) Appoint and dismiss the authority’s executive
  482  director, general counsel, and any other consultants retained by
  483  the authority. The governing body shall have the right to
  484  approve or disapprove the initial appointment of the authority’s
  485  executive director and general counsel.
  486         b. The members of each such authority shall serve for a
  487  term of not less than 1 year and shall be appointed by the
  488  governing body of such municipality. The annual budget of such
  489  authority shall be subject to approval of the governing body of
  490  the municipality. If the governing body does not approve the
  491  budget, the authority shall use as the authority’s budget the
  492  previous fiscal year budget.
  493         c. The authority, by resolution to be adopted from time to
  494  time, may invest and reinvest the proceeds from the convention
  495  development tax and any other revenues generated by the
  496  authority in the same manner that the municipality in which the
  497  authority is located may invest surplus funds.
  498         5. The charter county convention development levy shall be
  499  in addition to any other levy imposed pursuant to this section.
  500         6. A certified copy of the ordinance imposing the levy
  501  shall be furnished by the county to the department within 10
  502  days after referendum approval of such ordinance. The effective
  503  date of imposition of the levy shall be the first day of the
  504  second month following approval of the ordinance by referendum,
  505  as set forth in subsection (6), or the first day of any
  506  subsequent month as may be specified in the ordinance any month
  507  at least 60 days after enactment of the ordinance.
  508         7. Revenues collected pursuant to this paragraph shall be
  509  deposited in a convention development trust fund, which shall be
  510  established by the county as a condition precedent to receipt of
  511  such funds.
  512         (c) Special district levy for convention development.—
  513         1. Each county which was chartered under Art. VIII of the
  514  State Constitution and which on January 1, 1984, levied a
  515  tourist advertising ad valorem tax within a special taxing
  516  district in that county may impose or increase, pursuant to an
  517  ordinance subject to referendum approval by the registered
  518  electors within the county, in accordance with subsection (6)
  519  enacted by the governing body of the county, a levy within the
  520  boundaries of such special taxing district on the exercise of
  521  the taxable privilege of leasing or letting transient rental
  522  accommodations described in subsection (3) at a total rate of up
  523  to 3 percent of each dollar and major fraction of each dollar of
  524  the total consideration charged therefor. The proceeds of this
  525  levy shall be known as the special district convention
  526  development tax.
  527         2. The county shall designate or appoint an authority to
  528  administer and disburse the proceeds of such levy and any
  529  revenue related to the levy authorized by this paragraph. The
  530  members of such authority shall be selected from persons
  531  involved in the tourism and lodging industries doing business
  532  within such special district. Not less than a majority of the
  533  members shall be selected from persons doing business in the
  534  lodging industry. Members shall serve at the pleasure of the
  535  governing body of such county and shall serve without
  536  compensation. The annual budget of such authority shall be
  537  subject to approval of the governing body of the county. The
  538  authority shall consist of 11 members, who shall annually select
  539  a chair from among their members.
  540         3. The county shall have no power to levy and impose the
  541  tourist advertising ad valorem tax in such district on or after
  542  January 1 of the year following the date of the adoption of the
  543  levy authorized in this paragraph. All special district
  544  convention development moneys, including any interest accrued
  545  thereon, received by a county imposing the special district
  546  convention development levy shall be used for the following
  547  purposes only:
  548         a. To promote and advertise tourism.;
  549         b. To fund convention bureaus, tourist bureaus, tourist
  550  information centers, and news bureaus.
  551         c.Up to 25 percent to finance flood mitigation projects or
  552  improvements.
  553         4. The special district convention development tax shall be
  554  in addition to any other levy imposed pursuant to this section.
  555         5. A certified copy of the ordinance imposing the levy
  556  shall be furnished by the county to the department within 10
  557  days after referendum approval of such ordinance. The effective
  558  date of the levy shall be the first day of the second month
  559  following approval of the ordinance by referendum, as set forth
  560  in subsection (6), or the first day of any subsequent month as
  561  may be specified in the ordinance any month at least 60 days
  562  after enactment of the ordinance.
  563         6. Revenues collected and returned to the county shall be
  564  deposited in a convention development trust fund, which shall be
  565  established by the county as a condition precedent to receipt of
  566  such funds.
  567         (d) Special levy for convention development.—
  568         1. Each county which was chartered under Art. VIII of the
  569  State Constitution and which on January 1, 1984, levied a
  570  tourist advertising ad valorem tax within a special taxing
  571  district in that county may impose or increase, pursuant to an
  572  ordinance subject to referendum approval by the registered
  573  electors within the county, in accordance with subsection (6)
  574  enacted by the governing body of the county, a levy outside the
  575  boundaries of such special taxing district and to the southeast
  576  of State Road 415, on the exercise of the taxable privilege of
  577  leasing or letting transient rental accommodations described in
  578  subsection (3), at a total rate of up to 3 percent of each
  579  dollar and major fraction of each dollar of the total
  580  consideration charged therefor. The proceeds of this levy shall
  581  be known as the special convention development tax.
  582         2. The county shall designate or appoint an authority to
  583  administer and disburse the proceeds of such levy and any
  584  revenue related to the levy authorized by this paragraph. The
  585  members of the authority shall be selected from persons doing
  586  business within the area in which the tax is levied. Not less
  587  than three of the members shall be selected from persons doing
  588  business in the lodging industry. Members shall serve at the
  589  pleasure of the governing body of the county and shall serve
  590  without compensation. The annual budget of the authority shall
  591  be subject to approval of the governing body of the county. The
  592  authority shall consist of seven members, who shall annually
  593  select a chair from among their members.
  594         3. All special convention development moneys, including any
  595  interest accrued thereon, received by a county imposing the
  596  special convention development levy shall be used for the
  597  following purposes only:
  598         a. To promote and advertise tourism.;
  599         b. To fund convention bureaus, tourist bureaus, tourist
  600  information centers, and news bureaus.
  601         c.Up to 25 percent to finance flood mitigation projects or
  602  improvements.
  603         4. The special convention development tax shall be in
  604  addition to any other levy imposed pursuant to this section.
  605         5. A certified copy of the ordinance imposing the levy
  606  shall be furnished by the county to the department within 10
  607  days after referendum approval of the ordinance. The effective
  608  date of the levy shall be the first day of the second month
  609  following approval of the ordinance by referendum, as set forth
  610  in subsection (6), or the first day of any subsequent month as
  611  may be specified in the ordinance any month at least 60 days
  612  after enactment of the ordinance.
  613         6. Revenues collected and returned to the county shall be
  614  deposited in a separate convention development trust fund, which
  615  shall be established by the county as a condition precedent to
  616  receipt of such funds.
  617         (e) Subcounty levy for convention development.—
  618         1. Each county which was chartered under Art. VIII of the
  619  State Constitution and which on January 1, 1984, levied a
  620  tourist advertising ad valorem tax within a special taxing
  621  district in that county may impose or increase, pursuant to an
  622  ordinance subject to referendum approval by the registered
  623  electors within the county, in accordance with subsection (6)
  624  enacted by the governing body of the county, a levy outside the
  625  boundaries of such special taxing district and to the northwest
  626  of State Road 415, on the exercise of the taxable privilege of
  627  leasing or letting transient rental accommodations described in
  628  subsection (3), at a total rate of up to 3 percent of each
  629  dollar and major fraction of each dollar of the total
  630  consideration charged therefor. The proceeds of this levy shall
  631  be known as the subcounty convention development tax.
  632         2. The county shall designate or appoint an authority to
  633  administer and disburse the proceeds of such levy and any
  634  revenue related to the levy authorized by this paragraph. The
  635  members of the authority shall be selected from persons doing
  636  business within the area in which the tax is levied. Not less
  637  than three of the members shall be selected from persons doing
  638  business in the lodging industry. Members shall serve at the
  639  pleasure of the governing body of the county and shall serve
  640  without compensation. The annual budget of the authority shall
  641  be subject to approval of the governing body of the county. The
  642  authority shall consist of seven members, who shall annually
  643  select a chair from among their members.
  644         3. All subcounty convention development moneys, including
  645  any interest accrued thereon, received by a county imposing the
  646  subcounty convention development levy shall be used for the
  647  following purposes only:
  648         a. To promote and advertise tourism.;
  649         b. To fund convention bureaus, tourist bureaus, tourist
  650  information centers, and news bureaus.
  651         c.To finance flood mitigation projects or improvements.
  652         4. The subcounty convention development tax shall be in
  653  addition to any other levy imposed pursuant to this section.
  654         5. A certified copy of the ordinance imposing the levy
  655  shall be furnished by the county to the department within 10
  656  days after referendum approval of the ordinance. The effective
  657  date of the levy shall be the first day of the second month
  658  following approval of the ordinance by referendum, as set forth
  659  in subsection (6), or the first day of any subsequent month as
  660  may be specified in the ordinance any month at least 60 days
  661  after enactment of the ordinance.
  662         6. Revenues collected and returned to the county shall be
  663  deposited in a separate convention development trust fund, which
  664  shall be established by the county as a condition precedent to
  665  receipt of such funds.
  666         (6)REFERENDUM.—
  667         (a)An ordinance enacted by any county levying or
  668  increasing the tax authorized pursuant to this section may not
  669  take effect until the ordinance levying, imposing, or increasing
  670  the tax has been approved in a referendum election by a majority
  671  of the electors voting in such election in the county.
  672         (b)The governing board of the county levying the tax shall
  673  place a question on the ballot at a regular or special election
  674  to be held within the county, substantially as follows:
  675         ....FOR the Convention Development Tax.
  676         ....AGAINST the Convention Development Tax.
  677         (c)If a majority of the electors voting on the question
  678  approve the levy, the ordinance shall be deemed to be in effect
  679  on the first day of the second month following approval, or the
  680  first day of any subsequent month as may be specified in the
  681  ordinance.
  682         Section 3. Section 212.03055, Florida Statutes, is amended
  683  to read:
  684         212.03055 Super Majority vote required for levy at rate in
  685  excess of 2 percent under ch. 95-290.—A special taxing district
  686  may not levy a tax under chapter 95-290, Laws of Florida, at a
  687  rate in excess of 2 percent unless the levy of such tax is
  688  approved in a referendum election by a majority of the electors
  689  voting in such election in the approved by a super majority (a
  690  majority plus one) vote of the members of the governing body of
  691  the county in which the special taxing district is located.
  692         Section 4. This act shall take effect July 1, 2021.
  693  
  694  ================= T I T L E  A M E N D M E N T ================
  695  And the title is amended as follows:
  696         Delete everything before the enacting clause
  697  and insert:
  698                        A bill to be entitled                      
  699         An act relating to tourist and convention development
  700         taxes; amending s. 125.0104, F.S.; deleting provisions
  701         that require a county or subcounty special taxing
  702         district to receive an extraordinary vote of the
  703         governing board to increase tourist development taxes
  704         for certain purposes; specifying that certain tourist
  705         development taxes imposed by ordinance are subject to
  706         referendum approval by a majority vote of the electors
  707         voting in such election; specifying the date on which
  708         certain ordinance-imposed tourist development taxes
  709         become effective; authorizing a county to impose a
  710         tourist development tax to finance flood mitigation
  711         projects or improvements; amending s. 212.0305, F.S.;
  712         specifying that certain tourist development taxes
  713         imposed by ordinance are subject to referendum
  714         approval by a majority vote of the electors voting in
  715         such election; specifying the date on which certain
  716         ordinance-imposed tourist development taxes become
  717         effective; authorizing convention development taxes to
  718         finance flood mitigation projects or improvements;
  719         authorizing certain counties to impose a specified
  720         district convention development tax to finance flood
  721         mitigation projects or improvements; providing a form
  722         to be placed on the ballot; amending s. 212.03055,
  723         F.S.; providing that a special taxing district may not
  724         increase a tax without approval in a referendum by a
  725         majority vote of the electors; providing an effective
  726         date.