CODING: Words stricken are deletions; words underlined are additions.
c1323402
Senate
s1100-98
s1186
2002
AA
283902
Senator Cowin moved the following amendment to amendment
(283902):
On page 38, between lines 1 and 2,
On page 40, line 21, after the semicolon




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1186

    Amendment No. ___   Barcode 323402

                            CHAMBER ACTION
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10  ______________________________________________________________

11  Senator Cowin moved the following amendment to amendment

12  (283902):

13

14         Senate Amendment (with title amendment) 

15         On page 38, between lines 1 and 2,

16

17  insert:

18         Section 6.  Sections 6-8 of this act may be cited as

19  the "Tourism Industry Recovery Act of 2002."

20         Section 7.  Paragraphs (l) and (n) of subsection (3) of

21  section 125.0104, Florida Statutes, are amended to read:

22         125.0104  Tourist development tax; procedure for

23  levying; authorized uses; referendum; enforcement.--

24         (3)  TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.--

25         (l)  In addition to any other tax which is imposed

26  pursuant to this section, a county may impose up to an

27  additional 1-percent tax on the exercise of the privilege

28  described in paragraph (a) by majority vote of the governing

29  board of the county in order to:

30         1.  Pay the debt service on bonds issued to finance the

31  construction, reconstruction, or renovation of a professional

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1186

    Amendment No. ___   Barcode 323402





  1  sports franchise facility, or the acquisition, construction,

  2  reconstruction, or renovation of a retained spring training

  3  franchise facility, either publicly owned and operated, or

  4  publicly owned and operated by the owner of a professional

  5  sports franchise or other lessee with sufficient expertise or

  6  financial capability to operate such facility, and to pay the

  7  planning and design costs incurred prior to the issuance of

  8  such bonds.

  9         2.  Pay the debt service on bonds issued to finance the

10  construction, reconstruction, or renovation of a convention

11  center, and to pay the planning and design costs incurred

12  prior to the issuance of such bonds.

13         3.  Pay the operation and maintenance costs of a

14  convention center for a period of up to 10 years. Only

15  counties that have elected to levy the tax for the purposes

16  authorized in subparagraph 2. may use the tax for the purposes

17  enumerated in this subparagraph. Any county that elects to

18  levy the tax for the purposes authorized in subparagraph 2.

19  after July 1, 2000, may use the proceeds of the tax to pay the

20  operation and maintenance costs of a convention center for the

21  life of the bonds.

22         4.  Promote and advertise tourism in the State of

23  Florida and nationally and internationally; however, if tax

24  revenues are expended for an activity, service, venue, or

25  event, the activity, service, venue, or event shall have as

26  one of its main purposes the attraction of tourists as

27  evidenced by the promotion of the activity, service, venue, or

28  event to tourists.

29

30  The provision of paragraph (b) which prohibits any county

31  authorized to levy a convention development tax pursuant to s.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1186

    Amendment No. ___   Barcode 323402





  1  212.0305 from levying more than the 2-percent tax authorized

  2  by this section, and the provisions of paragraphs (4)(a)-(d),

  3  shall not apply to the additional tax authorized in this

  4  paragraph. The effective date of the levy and imposition of

  5  the tax authorized under this paragraph shall be the first day

  6  of the second month following approval of the ordinance by the

  7  governing board or the first day of any subsequent month as

  8  may be specified in the ordinance.  A certified copy of such

  9  ordinance shall be furnished by the county to the Department

10  of Revenue within 10 days after approval of such ordinance.

11         (n)  In addition to any other tax that is imposed under

12  this section, a county that has imposed the tax under

13  paragraph (l) may impose an additional tax that is no greater

14  than 1 percent on the exercise of the privilege described in

15  paragraph (a) by a majority plus one vote of the membership of

16  the board of county commissioners in order to:

17         1.  Pay the debt service on bonds issued to finance:

18         a.1.  The construction, reconstruction, or renovation

19  of a facility either publicly owned and operated, or publicly

20  owned and operated by the owner of a professional sports

21  franchise or other lessee with sufficient expertise or

22  financial capability to operate such facility, and to pay the

23  planning and design costs incurred prior to the issuance of

24  such bonds for a new professional sports franchise as defined

25  in s. 288.1162.

26         b.2.  The acquisition, construction, reconstruction, or

27  renovation of a facility either publicly owned and operated,

28  or publicly owned and operated by the owner of a professional

29  sports franchise or other lessee with sufficient expertise or

30  financial capability to operate such facility, and to pay the

31  planning and design costs incurred prior to the issuance of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1186

    Amendment No. ___   Barcode 323402





  1  such bonds for a retained spring training franchise.

  2         2.  Promote and advertise tourism in the State of

  3  Florida and nationally and internationally; however, if tax

  4  revenues are expended for an activity, service, venue, or

  5  event, the activity, service, venue, or event shall have as

  6  one of its main purposes the attraction of tourists as

  7  evidenced by the promotion of the activity, service, venue, or

  8  event to tourists.

  9

10  A county that imposes the tax authorized in this paragraph may

11  not expend any ad valorem tax revenues for the acquisition,

12  construction, reconstruction, or renovation of a that facility

13  for which tax revenues are used pursuant to subparagraph 1.

14  The provision of paragraph (b) which prohibits any county

15  authorized to levy a convention development tax pursuant to s.

16  212.0305 from levying more than the 2-percent tax authorized

17  by this section shall not apply to the additional tax

18  authorized by this paragraph in counties which levy convention

19  development taxes pursuant to s. 212.0305(4)(a). Subsection

20  (4) does not apply to the adoption of the additional tax

21  authorized in this paragraph. The effective date of the levy

22  and imposition of the tax authorized under this paragraph is

23  the first day of the second month following approval of the

24  ordinance by the board of county commissioners or the first

25  day of any subsequent month specified in the ordinance. A

26  certified copy of such ordinance shall be furnished by the

27  county to the Department of Revenue within 10 days after

28  approval of the ordinance.

29         Section 8.  Paragraph (b) of subsection (1) of section

30  125.35, Florida Statutes, is amended to read:

31         125.35  County authorized to sell real and personal

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1186

    Amendment No. ___   Barcode 323402





  1  property and to lease real property.--

  2         (1)(a)  The board of county commissioners is expressly

  3  authorized to sell and convey any real or personal property,

  4  and to lease real property, belonging to the county, whenever

  5  the board determines that it is to the best interest of the

  6  county to do so, to the highest and best bidder for the

  7  particular use the board deems to be the highest and best, for

  8  such length of term and such conditions as the governing body

  9  may in its discretion determine.

10         (b)  Notwithstanding the provisions of paragraph (a),

11  the board of county commissioners is expressly authorized to:

12         1.  Negotiate the lease of an airport or seaport

13  facility;

14         2.  Modify or extend an existing lease of real property

15  for an additional term not to exceed 25 years, where the

16  improved value of the lease has an appraised value in excess

17  of $20 million; or

18         3.  Lease a professional sports franchise facility

19  financed by revenues received pursuant to s. 125.0104 or s.

20  212.20; or

21         4.  Convert existing development rights held by a

22  private entity to a lease hold interest on any parcel of real

23  property of 5 acres or less;

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25  under such terms and conditions as negotiated by the board.

26

27  (Redesignate subsequent sections.)

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30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1186

    Amendment No. ___   Barcode 323402





  1         On page 40, line 21, after the semicolon

  2

  3  insert:

  4         providing a short title; amending s. 125.0104,

  5         F.S.; providing that the additional tax

  6         authorized for bonds for a professional sports

  7         franchise facility, a retained spring training

  8         franchise facility, or a convention center, and

  9         for operation and maintenance costs of a

10         convention center, and the additional tax

11         authorized for bonds for facilities for a new

12         professional sports franchise or a retained

13         spring training franchise, may also be used to

14         promote and advertise tourism; amending s.

15         125.35, F.S.; authorizing boards of county

16         commissioners to lease without a competitive

17         process certain property;

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