Senate Bill sb1924c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1924

    By the Committee on Comprehensive Planning; and Senator
    Margolis




    316-2171-04

  1                      A bill to be entitled

  2         An act relating to the tax on sales, use, and

  3         other transactions; amending s. 212.08, F.S.;

  4         providing that a publicly owned facility

  5         meeting certain criteria at which a collegiate

  6         football team is based may use those proceeds

  7         for the purpose of renovating the facility;

  8         providing for reporting of sales to the

  9         Department of Revenue; authorizing the

10         Department of Revenue to adopt emergency rules;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Paragraph (r) is added to subsection (5) of

16  section 212.08, Florida Statutes, to read:

17         212.08  Sales, rental, use, consumption, distribution,

18  and storage tax; specified exemptions.--The sale at retail,

19  the rental, the use, the consumption, the distribution, and

20  the storage to be used or consumed in this state of the

21  following are hereby specifically exempt from the tax imposed

22  by this chapter.

23         (5)  EXEMPTIONS; ACCOUNT OF USE.--

24         (r)  Publicly owned football facility at which a

25  college football team is based.--

26         1.  Any publicly owned football facility, within a

27  municipality that has been declared in a state of financial

28  emergency within the preceding 10 years pursuant to s.

29  218.503; that has had a financial emergencies board

30  established, regardless of whether the board is currently in

31  existence; and at which the football team of a private or

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1924
    316-2171-04




 1  public university or college is based, may retain the proceeds

 2  of sales taxes generated by the facility, its concessionaires,

 3  ticket sales, merchandising, ticket surcharges imposed by the

 4  local government, charges for services, and rental of the

 5  facility and may use these tax proceeds for the purpose of

 6  renovating and modernizing the facility. As used in this

 7  paragraph, the term "sales taxes generated by the facility"

 8  means taxes on ticket sales for events located at the

 9  facility, ticket surcharges imposed by the local government

10  for events held at the facility, merchandise sales and

11  concession sales on the premises of the facility, charges for

12  services at the facility, and charges for rental of the

13  facility. For the purpose of this paragraph, a football team

14  of a public or private university or college shall be

15  considered based only at the facility at which it plays the

16  majority of games where it is designated the "home" team. An

17  institution may not be deemed to be based at more than one

18  facility in any single academic year.

19         2.  Concessionaires, merchandisers, and other persons

20  collecting tax at the facility shall file returns each month

21  in accordance with this subparagraph. Each such dealer shall,

22  in addition to the return required by s. 212.11, also file

23  with the department a separate information return as

24  prescribed by the department for the same applied period each

25  month which reports only the sales taxes generated by taxable

26  transactions at the facility, as defined in this paragraph. A

27  dealer required to file a separate information return pursuant

28  to this subparagraph shall file a separate information return

29  with regard to each facility at which the dealer makes sales

30  affected by this paragraph. All amounts due pursuant to this

31  chapter with respect to all such transactions shall be timely

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1924
    316-2171-04




 1  remitted to the department. The department shall remit only to

 2  the qualifying facility all proceeds collected and remitted to

 3  the department as shown on the information returns required by

 4  this subparagraph. Such remittance to the qualifying facility

 5  shall be issued in the second month following the month in

 6  which the information returns are received. These payments

 7  shall be subject to reallocation pursuant to s. 212.20. The

 8  term "sales taxes generated by the facility" includes any

 9  applicable local discretionary surtaxes imposed under s.

10  212.055.

11         3.  Concessionaires, merchandisers, and other persons

12  required to file returns according to subparagraph 2. shall

13  provide each applicable facility with a copy of the sales tax

14  return with regard to such facility after such return is

15  filed. The return, copies, and information therein shall be

16  subject to the same confidentiality provisions as applicable

17  to returns and information filed with the department pursuant

18  to s. 213.053.

19         4.  The executive director of the department is

20  authorized, and all conditions are deemed met, to adopt

21  emergency rules under ss. 120.536(1) and 120.54(4) to

22  implement this paragraph. Notwithstanding any other provision

23  of law, such emergency rules shall remain effective for 6

24  months after the date of adoption and may be renewed during

25  the pendency of procedures to adopt rules addressing the

26  subject of the emergency rules.

27         Section 2.  This act shall take effect July 1, 2004.

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1924
    316-2171-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 1924

 3                                 

 4  This Committee Substitute differs from the bill as filed in
    that it:
 5  
    -  Increases, from 6 to 10, the number of preceding years the
 6  municipality was declared to be in a state of financial
    emergency to qualify to retain sales tax proceeds;
 7  
    -  Clarifies what it means for a football team to be "based"
 8  at the facility;

 9  -  Provides a mechanism for separately identifying the various
    sales tax proceeds and includes provisions to facilitate
10  processing and auditing tax proceeds;

11  -  Specifies that local discretionary taxes are subject to
    remittance to the qualified facility;
12  
    -  Requires that concessionaires and merchandisers provide the
13  qualified facility with a copy of their sales tax returns; and

14  -  Provides the Department of Revenue with specific authority
    to adopt emergency rules to implement this bill.
15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.