Florida Senate - 2011                                     SB 980
       
       
       
       By Senator Bennett
       
       
       
       
       21-00928B-11                                           2011980__
    1                        A bill to be entitled                      
    2         An act relating to convention development taxes;
    3         amending s. 212.0305, F.S.; making technical and
    4         grammatical changes; authorizing an increase in the
    5         rate of the charter county convention development tax;
    6         specifying permissible uses of the additional
    7         revenues; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (3) and paragraphs (a) and (b) of
   12  subsection (4) of section 212.0305, Florida Statutes, are
   13  amended to read:
   14         212.0305 Convention development taxes; intent;
   15  administration; authorization; use of proceeds.—
   16         (3) APPLICATION; ADMINISTRATION; PENALTIES.—
   17         (a)1. The convention development tax on transient rentals
   18  imposed by the governing body of any county applies authorized
   19  to so levy shall apply to the amount of any payment made by any
   20  person to rent, lease, or use for a period of 6 months or less
   21  any living quarters or accommodations in a hotel, apartment
   22  hotel, motel, resort motel, apartment, apartment motel,
   23  roominghouse, tourist or trailer camp, mobile home park,
   24  recreational vehicle park, condominium, or timeshare resort. If
   25  When receipt of consideration is by way of property other than
   26  money, the tax is shall be levied and imposed on the fair market
   27  value of the such nonmonetary consideration. Any payment made by
   28  a person to rent, lease, or use any living quarters or
   29  accommodations that which are exempt from the tax imposed under
   30  s. 212.03 are shall likewise be exempt from any tax imposed
   31  under this section.
   32         2.a. Tax is shall be due on the consideration paid for
   33  occupancy in the county pursuant to a regulated short-term
   34  product, as defined in s. 721.05, or occupancy in the county
   35  pursuant to a product that would be deemed a regulated short
   36  term product if the agreement to purchase the short-term right
   37  was executed in this state. The Such tax shall be collected on
   38  the last day of occupancy within the county unless such
   39  consideration is applied to the purchase of a timeshare estate.
   40  The occupancy of an accommodation of a timeshare resort pursuant
   41  to a timeshare plan, a multisite timeshare plan, or an exchange
   42  transaction in an exchange program, as defined in s. 721.05, by
   43  the owner of a timeshare interest or by a such owner’s guest of
   44  the owner who, which guest is not paying monetary consideration
   45  to the owner or to a third party for the benefit of the owner,
   46  is not a privilege subject to taxation under this section. A
   47  membership or transaction fee paid by a timeshare owner which
   48  that does not provide the timeshare owner with the right to
   49  occupy any specific timeshare unit but merely provides the
   50  timeshare owner with the opportunity to exchange a timeshare
   51  interest through an exchange program is a service charge and is
   52  not subject to taxation under this section.
   53         b. Consideration paid for the purchase of a timeshare
   54  license in a timeshare plan, as defined in s. 721.05, is rent
   55  subject to taxation under this section.
   56         (b) The tax shall be charged by the person receiving the
   57  consideration for the lease or rental, and the tax, shall charge
   58  the tax and collect the tax be collected from the lessee,
   59  tenant, or customer at the time of payment of the consideration
   60  for the such lease or rental.
   61         (c) The person receiving the consideration for such rental
   62  or lease shall receive, account for, and remit the tax to the
   63  department at the time and in the manner provided for persons
   64  who collect and remit taxes pursuant to under s. 212.03. The
   65  same duties and privileges imposed by this chapter upon dealers
   66  in tangible property respecting the collection and remission of
   67  tax; the making of returns; the keeping of books, records, and
   68  accounts; and compliance with the rules of the department in the
   69  administration of this chapter apply to and are binding upon all
   70  persons who are subject to the provisions of this section.
   71  However, the department may authorize a quarterly return and
   72  payment if when the tax remitted by the dealer for the preceding
   73  quarter did not exceed $25.
   74         (d) The department shall keep records showing the amount of
   75  taxes collected, including records of which records shall
   76  disclose the taxes collected from each county in which a local
   77  government resort tax is levied. These records are shall be
   78  subject to the provisions of s. 213.053 and are confidential and
   79  exempt from the provisions of s. 119.07(1).
   80         (e) The collections received by the department shall pay
   81  and return the collections of the tax from the tax, less its
   82  costs of administration, shall be paid and returned monthly to
   83  the county that which imposed the tax, for use by the county as
   84  provided in this section. A county shall place the Such receipts
   85  from the tax shall be placed in a specific trust fund or funds
   86  created by the county.
   87         (f) The department shall adopt promulgate such rules and
   88  shall prescribe and publish such forms as may be necessary to
   89  administer effectuate the purposes of this section. The
   90  department may is authorized to establish audit procedures and
   91  to assess for delinquent taxes.
   92         (g) The estimated tax provisions contained in s. 212.11 do
   93  not apply to the administration of any tax levied under this
   94  section.
   95         (h) Any person taxable under this section who, either by
   96  himself or herself or through the person’s agents or employees,
   97  fails or refuses to charge and collect the taxes provided in
   98  this section herein provided from the person paying any rental
   99  or lease is, in addition to being personally liable for the
  100  payment of the tax and commits, guilty of a misdemeanor of the
  101  first degree, punishable as provided in s. 775.082 or s.
  102  775.083.
  103         (i) A No person may not shall advertise or hold out to the
  104  public in any manner, directly or indirectly, that he or she
  105  will absorb all or any part of the tax; that he or she will
  106  relieve the person paying the rental of the payment of all or
  107  any part of the tax; or that the tax will not be added to the
  108  rental or lease consideration or, if added, that the tax or any
  109  part of the tax thereof will be refunded or refused, either
  110  directly or indirectly, by any method whatsoever. Any person who
  111  willfully violates any provision of this paragraph commits is
  112  guilty of a misdemeanor of the first degree, punishable as
  113  provided in s. 775.082 or s. 775.083.
  114         (j) The tax constitutes shall constitute a lien on the
  115  property of the lessee, customer, or tenant in the same manner
  116  as, and is shall be collectible as are, liens authorized and
  117  imposed by ss. 713.67, 713.68, and 713.69.
  118         (k) Any tax levied pursuant to this section is shall be in
  119  addition to any other tax imposed under pursuant to this chapter
  120  and is in addition to all other taxes and fees and the
  121  consideration for the rental or lease.
  122         (l) The department shall administer the taxes levied under
  123  this section herein as increases in the rate of the tax
  124  authorized in s. 125.0104. The department shall collect and
  125  enforce the provisions of this section and s. 125.0104 in
  126  conjunction with each other in those counties authorized to levy
  127  the taxes authorized in this section herein. The department
  128  shall distribute the proceeds received from the taxes levied
  129  under pursuant to this section and s. 125.0104 in proportion to
  130  the rates of the taxes authorized to the appropriate trust funds
  131  as provided by law. If the department receives an In the event
  132  of underpayment of the total amount due by a taxpayer pursuant
  133  to this section and s. 125.0104, the department must shall
  134  distribute the amount received in proportion to the rates of the
  135  taxes authorized to the appropriate trust funds as provided by
  136  law and the penalties and interest due on both of the said taxes
  137  apply shall be applicable.
  138         (4) AUTHORIZATION TO LEVY; USE OF PROCEEDS; OTHER
  139  REQUIREMENTS.—
  140         (a) Consolidated government levy for convention
  141  development.—
  142         1. Each county that operates under a government
  143  consolidated with that of one or more municipalities in the
  144  county may impose, pursuant to an ordinance enacted by the
  145  governing body of the county, a levy on the exercise within its
  146  boundaries of the taxable privilege of leasing or letting
  147  transient rental accommodations described in subsection (3) at
  148  the rate of 2 percent of each dollar and major fraction of each
  149  dollar of the total consideration charged for the privilege
  150  therefor. The proceeds of this levy shall be known as the
  151  consolidated county convention development tax.
  152         2. The county shall furnish to the department, within 10
  153  days after approval of the ordinance imposing the levy, a copy
  154  of the ordinance. The effective date of imposition of the levy
  155  must be the first day of any month that is at least 60 days
  156  after enactment of the ordinance.
  157         3. All consolidated county convention development moneys,
  158  including any interest accrued on the moneys thereon, received
  159  by a county imposing the levy may must be used only as follows
  160  in any of the following manners, although the utilization
  161  authorized in sub-subparagraph a. shall apply only to
  162  municipalities with a population of 10,000 or more:
  163         a. To promote and advertise tourism by a municipality
  164  having a population of 10,000 or more;
  165         b. To extend, enlarge, and improve existing publicly owned
  166  convention centers in the county;
  167         c. To construct a multipurpose
  168  convention/coliseum/exhibition center or the maximum components
  169  of a multipurpose center thereof as funds permit in the county;
  170  and
  171         d. To acquire, construct, extend, enlarge, remodel, repair,
  172  improve, or maintain one or more convention centers, stadiums,
  173  exhibition halls, arenas, coliseums, or auditoriums.
  174         4. For the purposes of completion of any project under this
  175  paragraph, tax revenues and interest accrued may be used:
  176         a. As collateral, pledged, or hypothecated for projects
  177  authorized by this paragraph, including bonds issued in
  178  connection with a project therewith; or
  179         b. As a pledge or capital contribution in conjunction with
  180  a partnership, joint venture, or other business arrangement
  181  between the county and one or more business entities for
  182  projects authorized by this paragraph.
  183         5.a. The county may designate or appoint an authority to
  184  administer and disburse such proceeds and any other related
  185  source of revenue. However, the annual budget of the authority
  186  must be is subject to approval of the governing body of the
  187  county.
  188         b. Except as otherwise provided by law, one-half of the
  189  proceeds of the tax which are collected within a municipality
  190  the government of which is not consolidated with that of the
  191  county must, at the request of the governing body of the
  192  municipality, be remitted to the municipality. The revenue
  193  remitted to a municipality under this sub-subparagraph may be
  194  used by the municipality only for the purposes and in the manner
  195  authorized in this paragraph, but the municipality may enter
  196  into an interlocal agreement with the county or with any other
  197  municipality in the county to use the such revenue to jointly
  198  finance any project authorized by this paragraph. This sub
  199  subparagraph does not apply to the distribution to the county of
  200  any convention development tax revenues necessary to repay the
  201  principal of or the interest on any bonds issued under sub
  202  subparagraph 4.a. before May 29, 1984. Notwithstanding this sub
  203  subparagraph, if the governing body of such a municipality
  204  adopts a resolution stating that the municipality is unable to
  205  use such revenue for any purpose authorized in this paragraph,
  206  the municipality may use the revenue to acquire and develop
  207  municipal parks, lifeguard stations, or athletic fields.
  208         6. The consolidated county convention development tax is
  209  shall be in addition to any other levy imposed under this
  210  section.
  211         7. Revenues collected and returned to the county must be
  212  deposited in a convention development trust fund, which must be
  213  established by the county as a condition precedent to receipt of
  214  such funds.
  215         (b) Charter county levy for convention development.—
  216         1. Each county, as defined in s. 125.011(1), may impose,
  217  under an ordinance enacted by the governing body of the county,
  218  a levy on the exercise within its boundaries of the taxable
  219  privilege of leasing or letting transient rental accommodations
  220  described in subsection (3) at the rate of 3 percent or 4
  221  percent of the total consideration charged for the privilege
  222  therefor. The proceeds of this levy shall be known as the
  223  charter county convention development tax.
  224         2. All charter county convention development moneys,
  225  including any interest accrued thereon, received by a county
  226  imposing the levy shall be used as follows:
  227         a. One-half of the proceeds of a 4 percent levy or two
  228  thirds of the proceeds of a 3 percent levy shall be used to
  229  extend, enlarge, expand, and improve the largest existing
  230  publicly owned convention center in the county.
  231         b. One-fourth of the proceeds of 4 percent levy or one
  232  third of the proceeds of a 3 percent levy shall be used to
  233  construct a new multipurpose convention/coliseum/exhibition
  234  center/stadium or the maximum components thereof as funds permit
  235  in the most populous municipality in the county.
  236         c. One-fourth of the proceeds of a 4 percent levy shall be
  237  used solely to extend, enlarge, remodel, repair, improve, plan
  238  for, operate, manage, or maintain the largest existing publicly
  239  owned convention center in the county, including the pledge of
  240  the proceeds as security for the payment of bonds or other
  241  obligations issued in connection with such convention center
  242  projects. Notwithstanding sub-subparagraph f., these proceeds
  243  may not be used to pay debt service or other obligations on
  244  bonds payable from the proceeds that must be used for the
  245  purposes in sub-subparagraphs a. and b.
  246         d.c. After the completion of any project under sub
  247  subparagraph a., the tax revenues and interest accrued under
  248  sub-subparagraph a. may be used to acquire, construct, extend,
  249  enlarge, remodel, repair, improve, expand, plan for, operate,
  250  manage, or maintain one or more nonprofit publicly owned or
  251  operated convention centers, stadiums, exhibition halls, arenas,
  252  coliseums, auditoriums, or golf courses, and may be used to
  253  acquire and construct an intercity light rail transportation
  254  system as described in the Light Rail Transit System Status
  255  Report to the Legislature dated April 1988. The transit system
  256  must, which shall provide a means to transport persons to and
  257  from the largest existing publicly owned convention center in
  258  the county and the hotels north of the convention center and to
  259  and from the downtown area of the most populous municipality in
  260  the county as determined by the county.
  261         e.d. After completion of any project under sub-subparagraph
  262  b., the tax revenues and interest accrued under sub-subparagraph
  263  b. may be used, as determined by the county, to operate an
  264  authority created pursuant to subparagraph 4. or to acquire,
  265  construct, extend, enlarge, remodel, repair, improve, operate,
  266  or maintain one or more convention centers, stadiums, exhibition
  267  halls, arenas, coliseums, auditoriums, golf courses, or related
  268  buildings and parking facilities in the most populous
  269  municipality in the county.
  270         f.e. For the purposes of completion of any project pursuant
  271  to this paragraph, tax revenues and interest accrued may be
  272  used:
  273         (I) As collateral, pledged, or hypothecated for projects
  274  authorized by this paragraph, including bonds issued in
  275  connection with a project therewith; or
  276         (II) As a pledge or capital contribution in conjunction
  277  with a partnership, joint venture, or other business arrangement
  278  between a municipality and one or more business entities for
  279  projects authorized by this paragraph.
  280         3. The governing body of each municipality in which a
  281  municipal tourist tax is levied may adopt a resolution
  282  prohibiting imposition of the charter county convention
  283  development levy within the such municipality. If the governing
  284  body adopts such a resolution, the convention development levy
  285  shall be imposed by the county in all other areas of the county
  286  except the such municipality. Revenues from a charter county
  287  convention development levy No funds collected pursuant to this
  288  paragraph may not be expended in a municipality that which has
  289  prohibited the imposition of the tax adopted such a resolution.
  290         4.a. Before the county enacts an ordinance imposing or
  291  increasing the levy, the county shall notify the governing body
  292  of each municipality in which projects are to be developed
  293  pursuant to sub-subparagraph 2.a., sub-subparagraph 2.b., sub
  294  subparagraph 2.c., or sub-subparagraph 2.d, or sub-subparagraph
  295  2.e. As a condition precedent to receiving funding, the
  296  governing bodies of the such municipalities shall designate or
  297  appoint an authority having that shall have the sole power to:
  298         (I) Approve the concept, location, program, and design of
  299  the facilities or improvements to be built in accordance with
  300  this paragraph and to administer and disburse such proceeds and
  301  any other related source of revenue.
  302         (II) Appoint and dismiss the authority’s executive
  303  director, general counsel, and any other consultants retained by
  304  the authority. The governing body may shall have the right to
  305  approve or disapprove the initial appointment of the authority’s
  306  executive director and general counsel.
  307         b. The members of each such authority shall be appointed by
  308  the governing body of the municipality to terms serve for a term
  309  of at least not less than 1 year and shall be appointed by the
  310  governing body of such municipality. The annual budget of the
  311  such authority is shall be subject to the approval of the
  312  governing body of the municipality. If the governing body does
  313  not approve the budget, the authority shall use as the
  314  authority’s budget the previous fiscal year budget from the
  315  previous fiscal year.
  316         c. The authority, by resolution to be adopted from time to
  317  time, may invest and reinvest the proceeds from the convention
  318  development tax and any other revenues generated by the
  319  authority in the same manner that the municipality in which the
  320  authority is located may invest surplus funds.
  321         5. The charter county convention development levy is shall
  322  be in addition to any other levy imposed pursuant to this
  323  section.
  324         6. A certified copy of the ordinance imposing the levy
  325  shall be furnished by the county to the department within 10
  326  days after approval of such ordinance. The effective date of
  327  imposition of the levy is shall be the first day of any month at
  328  least 60 days after enactment of the ordinance.
  329         7. Revenues collected pursuant to this paragraph must shall
  330  be deposited in a convention development trust fund, which shall
  331  be established by the county as a condition precedent to receipt
  332  of the such funds.
  333         Section 2. This act shall take effect July 1, 2011.