Bill Text: FL S0466 | 2011 | Regular Session | Comm Sub

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Bill Title: Tourist Development Tax

Spectrum:

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0466 Detail]

Download: Florida-2011-S0466-Comm_Sub.html

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       Florida Senate - 2011                              CS for SB 466
       
       
       
       By the Committee on Commerce and Tourism; and Senator Braynon
       
       
       
       
       577-02888-11                                           2011466c1
    1                        A bill to be entitled                      
    2         An act relating to the tourist development tax;
    3         amending s. 125.0104, F.S.; expanding the purposes for
    4         which the proceeds of the tourist development tax may
    5         be used to include the payment of the debt service on
    6         bonds to finance the construction, reconstruction, or
    7         renovation of a professional sports facility on
    8         publically owned land and the expansion, renovation,
    9         or reconstruction of a convention center; limiting the
   10         percentage of the proceeds from the tourist
   11         development tax that may be used for the professional
   12         sports facility; requiring private contributions to
   13         the professional sports facility as a condition for
   14         the use of tourist development taxes for the facility;
   15         providing for nonapplication of a prohibition against
   16         levying such tax in certain cities and towns under
   17         certain conditions; restricting certain counties from
   18         levying the tax; providing for controlling application
   19         notwithstanding certain contrary authority; providing
   20         an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (n) of subsection (3) of section
   25  125.0104, Florida Statutes, is amended to read:
   26         125.0104 Tourist development tax; procedure for levying;
   27  authorized uses; referendum; enforcement.—
   28         (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.—
   29         (n)1. In addition to any other tax that is imposed under
   30  this section, a county that has imposed the tax under paragraph
   31  (l) may impose an additional tax that is no greater than 1
   32  percent on the exercise of the privilege described in paragraph
   33  (a) by a majority plus one vote of the membership of the board
   34  of county commissioners in order to:
   35         a.1. Pay the debt service on bonds issued to finance:
   36         (I)a. The construction, reconstruction, or renovation of a
   37  facility either publicly owned and operated, or on land publicly
   38  owned and operated by the owner of a professional sports
   39  franchise or other lessee with sufficient expertise or financial
   40  capability to operate such facility, and to pay the planning and
   41  design costs incurred prior to the issuance of such bonds for a
   42  new professional sports facility franchise as defined in s.
   43  288.1162.
   44         (II)b. The acquisition, construction, reconstruction, or
   45  renovation of a facility either publicly owned and operated, or
   46  publicly owned and operated by the owner of a professional
   47  sports franchise or other lessee with sufficient expertise or
   48  financial capability to operate such facility, and to pay the
   49  planning and design costs incurred prior to the issuance of such
   50  bonds for a retained spring training franchise.
   51         (III) The expansion, renovation, or reconstruction of a
   52  convention center that is in existence on July 1, 2011.
   53         b.2. Promote and advertise tourism in the State of Florida
   54  and nationally and internationally; however, if tax revenues are
   55  expended for an activity, service, venue, or event, the
   56  activity, service, venue, or event shall have as one of its main
   57  purposes the attraction of tourists as evidenced by the
   58  promotion of the activity, service, venue, or event to tourists.
   59         2.a. In any county in which the tax authorized by this
   60  paragraph is initially imposed on or after January 1, 2012, the
   61  tax revenues received from the imposition of such tax and used
   62  for the purposes set forth in sub-sub-subparagraph 1.a.(III) and
   63  sub-subparagraph 1.b. in the aggregate may not exceed 49.9
   64  percent of the total tax revenues received from the imposition
   65  of such tax.
   66         b. If tax revenues authorized by this paragraph are used
   67  for the purposes of financing a professional sports facility
   68  described in sub-sub-subparagraph 1.a.(I) which is not publicly
   69  owned, private contributions to the facility must be made before
   70  or simultaneously with the contribution of such tax revenues.
   71  Private contributions to the facility must be in an amount equal
   72  to at least 43 percent of the tax revenues authorized by this
   73  paragraph which dedicated to the facility.
   74         3. A county that imposes the tax authorized in this
   75  paragraph may not expend any ad valorem tax revenues for the
   76  acquisition, expansion, construction, reconstruction, or
   77  renovation of a facility for which tax revenues are used
   78  pursuant to subparagraph 1. The provision of paragraph (b) which
   79  prohibits any county authorized to levy a convention development
   80  tax pursuant to s. 212.0305 from levying more than the 2-percent
   81  tax authorized by this section shall not apply to the additional
   82  tax authorized by this paragraph. In addition, the prohibition
   83  under paragraph (b) against any additional levy under this
   84  section in any cities or towns presently imposing a municipal
   85  resort tax as authorized by chapter 67-930, Laws of Florida,
   86  does not apply to the levy of the additional tax authorized by
   87  this paragraph and the additional tax authorized by this
   88  paragraph may be levied in such cities and towns to pay debt
   89  service on bonds issued pursuant to this subsection; however,
   90  such bonds must be issued no later than December 14, 2015, but
   91  may be refunded and refinanced at the discretion of the issuer
   92  in counties which levy convention development taxes pursuant to
   93  s. 212.0305(4)(a). This tax may not be levied in any counties
   94  that levy convention center taxes pursuant to s. 212.0304(4)(c),
   95  (d), and (e). Subsection (4) does not apply to the adoption of
   96  the additional tax authorized in this paragraph. The effective
   97  date of the levy and imposition of the tax authorized under this
   98  paragraph is the first day of the second month following
   99  approval of the ordinance by the board of county commissioners
  100  or the first day of any subsequent month specified in the
  101  ordinance. A certified copy of such ordinance shall be furnished
  102  by the county to the Department of Revenue within 10 days after
  103  approval of the ordinance.
  104         4. This paragraph controls over any contrary provision of
  105  subsection (5).
  106         Section 2. This act shall take effect July 1, 2011.