Senate Bill sb1688c1
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    Florida Senate - 2002                           CS for SB 1688
    By the Committee on Commerce and Economic Opportunities; and
    Senators Cowin and Crist
    310-2011-02
  1                      A bill to be entitled
  2         An act relating to tourism industry recovery;
  3         providing a short title; amending s. 125.0104,
  4         F.S.; providing that the additional tax
  5         authorized for bonds for a professional sports
  6         franchise facility, a retained spring training
  7         franchise facility, or a convention center, and
  8         for operation and maintenance costs of a
  9         convention center, and the additional tax
10         authorized for bonds for facilities for a new
11         professional sports franchise or a retained
12         spring training franchise, may also be used to
13         promote and advertise tourism; providing an
14         effective date.
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16  Be It Enacted by the Legislature of the State of Florida:
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18         Section 1.  This act may be cited as the "Tourism
19  Industry Recovery Act of 2002."
20         Section 2.  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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    Florida Senate - 2002                           CS for SB 1688
    310-2011-02
  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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    Florida Senate - 2002                           CS for SB 1688
    310-2011-02
  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
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    Florida Senate - 2002                           CS for SB 1688
    310-2011-02
  1  planning and design costs incurred prior to the issuance of
  2  such bonds for a retained spring training franchise.
  3         2.  Promote and advertise tourism in the State of
  4  Florida and nationally and internationally; however, if tax
  5  revenues are expended for an activity, service, venue, or
  6  event, the activity, service, venue, or event shall have as
  7  one of its main purposes the attraction of tourists as
  8  evidenced by the promotion of the activity, service, venue, or
  9  event to tourists.
10
11  A county that imposes the tax authorized in this paragraph may
12  not expend any ad valorem tax revenues for the acquisition,
13  construction, reconstruction, or renovation of a that facility
14  for which tax revenues are used pursuant to subparagraph 1.
15  The provision of paragraph (b) which prohibits any county
16  authorized to levy a convention development tax pursuant to s.
17  212.0305 from levying more than the 2-percent tax authorized
18  by this section shall not apply to the additional tax
19  authorized by this paragraph in counties which levy convention
20  development taxes pursuant to s. 212.0305(4)(a). Subsection
21  (4) does not apply to the adoption of the additional tax
22  authorized in this paragraph. The effective date of the levy
23  and imposition of the tax authorized under this paragraph is
24  the first day of the second month following approval of the
25  ordinance by the board of county commissioners or the first
26  day of any subsequent month specified in the ordinance. A
27  certified copy of such ordinance shall be furnished by the
28  county to the Department of Revenue within 10 days after
29  approval of the ordinance.
30         Section 3.  This act shall take effect July 1, 2002.
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    Florida Senate - 2002                           CS for SB 1688
    310-2011-02
  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1688
  3
  4  The committee substitute removes from the bill a provision
    which repeals the authorization for counties to use revenue
  5  derived from local option tourist development taxes under s.
    125.0104(3)(l) and (n), F.S., to promote and advertise tourism
  6  in Florida.
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