Florida Senate - 2024                                    SB 1072
       
       
        
       By Senator Avila
       
       
       
       
       
       39-00747A-24                                          20241072__
    1                        A bill to be entitled                      
    2         An act relating to tourist development; amending s.
    3         125.0104, F.S.; providing an exception to the
    4         authorized uses of revenues received by counties
    5         imposing the tourist development tax; specifying uses
    6         of tax revenues received by certain counties imposing
    7         the tourist development tax; defining the term “public
    8         facilities”; amending s. 212.0305, F.S.; requiring
    9         that charter county convention development moneys be
   10         distributed to the governing boards of municipalities
   11         for specified purposes; revising the purposes for
   12         which a county may use charter county convention
   13         development moneys; deleting the requirement that the
   14         county notify the governing board of each municipality
   15         under certain circumstances; providing a directive to
   16         the Division of Law Revision; providing an effective
   17         date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraphs (a) and (e) of subsection (5) of
   22  section 125.0104, Florida Statutes, are amended, and paragraph
   23  (f) is added to that subsection, to read:
   24         125.0104 Tourist development tax; procedure for levying;
   25  authorized uses; referendum; enforcement.—
   26         (5) AUTHORIZED USES OF REVENUE.—
   27         (a) Except for counties identified in paragraph (f), all
   28  tax revenues received pursuant to this section by a county
   29  imposing the tourist development tax shall be used by that
   30  county for the following purposes only:
   31         1. To acquire, construct, extend, enlarge, remodel, repair,
   32  improve, maintain, operate, or promote one or more:
   33         a. Publicly owned and operated convention centers, sports
   34  stadiums, sports arenas, coliseums, or auditoriums within the
   35  boundaries of the county or subcounty special taxing district in
   36  which the tax is levied;
   37         b. Auditoriums that are publicly owned but are operated by
   38  organizations that are exempt from federal taxation pursuant to
   39  26 U.S.C. s. 501(c)(3) and open to the public, within the
   40  boundaries of the county or subcounty special taxing district in
   41  which the tax is levied; or
   42         c. Aquariums or museums that are publicly owned and
   43  operated or owned and operated by not-for-profit organizations
   44  and open to the public, within the boundaries of the county or
   45  subcounty special taxing district in which the tax is levied;
   46         2. To promote zoological parks that are publicly owned and
   47  operated or owned and operated by not-for-profit organizations
   48  and open to the public;
   49         3. To promote and advertise tourism in this state and
   50  nationally and internationally; however, if tax revenues are
   51  expended for an activity, service, venue, or event, the
   52  activity, service, venue, or event must have as one of its main
   53  purposes the attraction of tourists as evidenced by the
   54  promotion of the activity, service, venue, or event to tourists;
   55         4. To fund convention bureaus, tourist bureaus, tourist
   56  information centers, and news bureaus as county agencies or by
   57  contract with the chambers of commerce or similar associations
   58  in the county, which may include any indirect administrative
   59  costs for services performed by the county on behalf of the
   60  promotion agency;
   61         5. To finance beach park facilities, or beach, channel,
   62  estuary, or lagoon improvement, maintenance, renourishment,
   63  restoration, and erosion control, including construction of
   64  beach groins and shoreline protection, enhancement, cleanup, or
   65  restoration of inland lakes and rivers to which there is public
   66  access as those uses relate to the physical preservation of the
   67  beach, shoreline, channel, estuary, lagoon, or inland lake or
   68  river. However, any funds identified by a county as the local
   69  matching source for beach renourishment, restoration, or erosion
   70  control projects included in the long-range budget plan of the
   71  state’s Beach Management Plan, pursuant to s. 161.091, or funds
   72  contractually obligated by a county in the financial plan for a
   73  federally authorized shore protection project may not be used or
   74  loaned for any other purpose. In counties of fewer than 100,000
   75  population, up to 10 percent of the revenues from the tourist
   76  development tax may be used for beach park facilities; or
   77         6. To acquire, construct, extend, enlarge, remodel, repair,
   78  improve, maintain, operate, or finance public facilities within
   79  the boundaries of the county or subcounty special taxing
   80  district in which the tax is levied, if the public facilities
   81  are needed to increase tourist-related business activities in
   82  the county or subcounty special district and are recommended by
   83  the county tourist development council created pursuant to
   84  paragraph (4)(e). Tax revenues may be used for any related land
   85  acquisition, land improvement, design and engineering costs, and
   86  all other professional and related costs required to bring the
   87  public facilities into service. As used in this subparagraph,
   88  the term “public facilities” means major capital improvements
   89  that have a life expectancy of 5 or more years, including, but
   90  not limited to, transportation, sanitary sewer, solid waste,
   91  drainage, potable water, and pedestrian facilities. Tax revenues
   92  may be used for these purposes only if the following conditions
   93  are satisfied:
   94         a. In the county fiscal year immediately preceding the
   95  fiscal year in which the tax revenues were initially used for
   96  such purposes, at least $10 million in tourist development tax
   97  revenue was received;
   98         b. The county governing board approves the use for the
   99  proposed public facilities by a vote of at least two-thirds of
  100  its membership;
  101         c. No more than 70 percent of the cost of the proposed
  102  public facilities will be paid for with tourist development tax
  103  revenues, and sources of funding for the remaining cost are
  104  identified and confirmed by the county governing board;
  105         d. At least 40 percent of all tourist development tax
  106  revenues collected in the county are spent to promote and
  107  advertise tourism as provided by this subsection; and
  108         e. An independent professional analysis, performed at the
  109  expense of the county tourist development council, demonstrates
  110  the positive impact of the infrastructure project on tourist
  111  related businesses in the county.
  112  
  113  Subparagraphs 1. and 2. may be implemented through service
  114  contracts and leases with lessees that have sufficient expertise
  115  or financial capability to operate such facilities.
  116         (e) Any use of the local option tourist development tax
  117  revenues collected pursuant to this section for a purpose not
  118  expressly authorized by paragraph (3)(l) or paragraph (3)(n) or
  119  paragraphs (a)-(d) and (f) of this subsection is expressly
  120  prohibited.
  121         (f)All tax revenues received pursuant to this section by a
  122  county, as defined in s. 125.011(1), imposing the tourist
  123  development tax may only be used by the county as specified in
  124  this paragraph.
  125         1.Revenues may be used to complete any project underway as
  126  of the effective date of this act or to perform any contract in
  127  existence on the effective date of this act, pursuant to this
  128  section as this section existed before the effective date of
  129  this act. Revenues may not be used to renew or extend such
  130  contracts or projects. Bonds or other debt outstanding as of the
  131  effective date of this act may be refinanced, but the duration
  132  of such debt pledging the tourist development tax may not be
  133  extended and the outstanding principal may not be increased,
  134  except to account for the costs of issuance.
  135         2.Revenues not needed for projects, contracts, or debt
  136  obligations pursuant to subparagraph 1. must be distributed and
  137  used as follows:
  138         a.Fifty percent must be distributed monthly by the county
  139  to the governing authorities of the municipalities within the
  140  county. Distributions to each municipality must be in proportion
  141  to the amount collected in the prior month within the
  142  municipality as a share of the total amount collected from all
  143  municipalities in the county. These distributions may be used by
  144  the receiving municipality to:
  145         (I)Promote and advertise tourism.
  146         (II)Fund convention bureaus, tourist bureaus, tourist
  147  information centers, and news bureaus. Municipalities may enter
  148  into interlocal agreements for the purpose of using the revenue
  149  received for the purpose stated in this sub-sub-subparagraph in
  150  combination with moneys used by the county for a countywide
  151  convention and visitors bureau under s. 212.0305(4)(b)2.b.(II).
  152         (III)Acquire, construct, extend, enlarge, remodel, repair,
  153  improve, maintain, operate, or finance public facilities within
  154  the boundaries of the municipality, if the public facilities are
  155  needed to increase tourist-related business activities in the
  156  municipality.
  157         (A)As used in this sub-sub-subparagraph, the term “public
  158  facilities” means major capital improvements that have a life
  159  expectancy of 5 or more years, including, but not limited to,
  160  transportation; sanitary sewer, including solid waste, drainage,
  161  and potable water; and pedestrian facilities.
  162         (B)Tax distributions may be used for any related land
  163  acquisition, land improvement, design and engineering costs, and
  164  all other professional and related costs required to bring the
  165  public facilities into service.
  166         (C)Tax distributions may be used for the purposes stated
  167  in sub-sub-sub-subparagraph (B) only if the following conditions
  168  are satisfied:
  169         i.The governing authority of the municipality approves the
  170  use for each proposed public facility by a vote of at least two
  171  thirds of its membership.
  172         ii.No more than 70 percent of the cost of a proposed
  173  public facility will be paid for using tourist development tax
  174  revenues, and sources of funding for the remaining costs are
  175  identified and confirmed by the governing authority of the
  176  municipality.
  177         iii.No more than 40 percent of all tourist development tax
  178  revenues distributed to the municipality are spent to promote
  179  and advertise tourism as provided in this paragraph.
  180         (IV)Acquire, construct, extend, enlarge, remodel, repair,
  181  improve, maintain, operate, or promote parks or trails that are
  182  publicly owned and operated or owned and operated by not-for
  183  profit organizations and open to the public, within the
  184  boundaries of the municipality.
  185         (V)Reimburse expenses incurred in providing public safety
  186  services, including, but not limited to, emergency medical
  187  services as defined in s. 401.107(3), and law enforcement
  188  services, needed to address impacts related to increased tourism
  189  and visitors to a municipality.
  190         (VI)Finance water quality improvement projects, including,
  191  but not limited to, all of the following:
  192         (A)Flood mitigation.
  193         (B)Algae control, cleanup, or prevention measures.
  194         (C)Biscayne Bay and waterway network restoration
  195  initiatives.
  196         (VII)Provide for septic-to-sewer conversion projects
  197  important to the local tourism industry which are primarily
  198  undertaken to reduce or prevent the discharge of untreated or
  199  partially treated wastewater into surface waters.
  200         b.A county shall use the remaining tax revenues received
  201  pursuant to this section as provided in this sub-subparagraph.
  202  Twenty percent must be distributed monthly to the governing
  203  board of the county to fund the primary bureau, department, or
  204  association responsible for organizing, funding, and promoting
  205  opportunities for artists and cultural organizations within the
  206  county. Thirty percent must be distributed monthly to the
  207  governing board of the county and used for one or more of the
  208  purposes set forth in s. 212.0306(3). Fifty percent must be
  209  distributed monthly to the governing board of the county and
  210  used for the purposes set forth in paragraph (5)(a) or sub-sub
  211  subparagraphs 2.a.(IV)-(VII).
  212         Section 2. Paragraph (b) of subsection (4) of section
  213  212.0305, Florida Statutes, is amended to read:
  214         212.0305 Convention development taxes; intent;
  215  administration; authorization; use of proceeds.—
  216         (4) AUTHORIZATION TO LEVY; USE OF PROCEEDS; OTHER
  217  REQUIREMENTS.—
  218         (b) Charter county levy for convention development.—
  219         1. Each county, as defined in s. 125.011(1), may impose,
  220  under an ordinance enacted by the governing body of the county,
  221  a levy on the exercise within its boundaries of the taxable
  222  privilege of leasing or letting transient rental accommodations
  223  described in subsection (3) at the rate of 3 percent of the
  224  total consideration charged therefor. The proceeds of this levy
  225  shall be known as the charter county convention development tax.
  226         2.a. Fifty percent of all charter county convention
  227  development moneys, including any interest accrued thereon,
  228  received by a county imposing the levy shall be distributed
  229  monthly to the governing boards of the municipalities within the
  230  county in proportion to the amount collected in the prior month
  231  within each municipality compared with the total collected from
  232  all municipalities in the county. Moneys collected within the
  233  unincorporated area of the county are not included in the
  234  distribution under this subparagraph. The distributions as
  235  described in this sub-subparagraph may be used by the receiving
  236  municipality only for the following purposes used as follows:
  237         (I)To acquire, construct, extend, enlarge, remodel,
  238  repair, improve, operate, or maintain one or more of the
  239  following:
  240         (A)A convention center.
  241         (B)An exhibition hall.
  242         (C)A coliseum.
  243         (D)An auditorium.
  244         (E)A performing arts center.
  245         (F)A related building or parking facility to such
  246  buildings described in sub-sub-sub-subparagraphs (A)-(E).
  247         (II)To promote and advertise tourism and to fund
  248  convention bureaus, tourist bureaus, tourist information
  249  centers, and news bureaus. Municipalities may enter into
  250  interlocal agreements for the purpose of using the revenue
  251  received for the purpose stated in this sub-sub-subparagraph in
  252  combination with moneys used by the county for a countywide
  253  convention and visitor’s bureau under sub-sub-subparagraph b.
  254  (II).
  255         b.The governing body of the county shall use the remaining
  256  charter county convention development moneys only for the
  257  following purposes:
  258         (I)To acquire, construct, extend, enlarge, remodel,
  259  repair, improve, operate, or maintain one or more of the
  260  following:
  261         (A)A convention center.
  262         (B)An exhibition hall.
  263         (C)A coliseum.
  264         (D)An auditorium.
  265         (E)A performing arts center.
  266         (F)A related building or parking facility to such
  267  buildings described in sub-sub-sub-subparagraphs (A)-(E).
  268         (II)To acquire, construct, extend, enlarge, remodel,
  269  repair, improve, operate, or maintain a countywide convention
  270  and visitors bureau which, by interlocal agreement and contract
  271  with the municipalities within the county, has the primary
  272  responsibility for promoting the county and its municipalities
  273  as a destination site for conventions, trade shows, and pleasure
  274  travel, or to be used for purposes provided in s.
  275  125.0104(5)(a)2.b. or c. If the county is not or is no longer a
  276  party to such an interlocal agreement, the county must allocate
  277  the proceeds of such tax for the purposes described in s.
  278  125.0104(5)(a)2.b. or c.
  279         a. Two-thirds of the proceeds shall be used to extend,
  280  enlarge, and improve the largest existing publicly owned
  281  convention center in the county.
  282         b. One-third of the proceeds shall be used to construct a
  283  new multipurpose convention/coliseum/exhibition center/stadium
  284  or the maximum components thereof as funds permit in the most
  285  populous municipality in the county.
  286         c. After the completion of any project under sub
  287  subparagraph a., the tax revenues and interest accrued under
  288  sub-subparagraph a. may be used to acquire, construct, extend,
  289  enlarge, remodel, repair, improve, plan for, operate, manage, or
  290  maintain one or more convention centers, stadiums, exhibition
  291  halls, arenas, coliseums, auditoriums, or golf courses, and may
  292  be used to acquire and construct an intercity light rail
  293  transportation system as described in the Light Rail Transit
  294  System Status Report to the Legislature dated April 1988, which
  295  shall provide a means to transport persons to and from the
  296  largest existing publicly owned convention center in the county
  297  and the hotels north of the convention center and to and from
  298  the downtown area of the most populous municipality in the
  299  county as determined by the county.
  300         d. After completion of any project under sub-subparagraph
  301  b., the tax revenues and interest accrued under sub-subparagraph
  302  b. may be used, as determined by the county, to operate an
  303  authority created pursuant to subparagraph 4. or to acquire,
  304  construct, extend, enlarge, remodel, repair, improve, operate,
  305  or maintain one or more convention centers, stadiums, exhibition
  306  halls, arenas, coliseums, auditoriums, golf courses, or related
  307  buildings and parking facilities in the most populous
  308  municipality in the county.
  309         e. For the purposes of completion of any project pursuant
  310  to this paragraph, tax revenues and interest accrued may be
  311  used:
  312         (I) As collateral, pledged, or hypothecated for projects
  313  authorized by this paragraph, including bonds issued in
  314  connection therewith; or
  315         (II) As a pledge or capital contribution in conjunction
  316  with a partnership, joint venture, or other business arrangement
  317  between a municipality and one or more business entities for
  318  projects authorized by this paragraph.
  319         3. The governing body of each municipality in which a
  320  municipal tourist tax is levied may adopt a resolution
  321  prohibiting imposition of the charter county convention
  322  development levy within such municipality. If the governing body
  323  adopts such a resolution, the convention development levy must
  324  shall be imposed by the county in all other areas of the county
  325  except such municipality. No funds collected pursuant to this
  326  paragraph may be expended in a municipality which has adopted
  327  such a resolution.
  328         4.a. Before the county enacts an ordinance imposing the
  329  levy, the county shall notify the governing body of each
  330  municipality in which projects are to be developed pursuant to
  331  sub-subparagraph 2.a., sub-subparagraph 2.b., sub-subparagraph
  332  2.c., or sub-subparagraph 2.d. As a condition precedent to
  333  receiving funding, the governing bodies of such municipalities
  334  shall designate or appoint an authority that shall have the sole
  335  power to:
  336         (I) Approve the concept, location, program, and design of
  337  the facilities or improvements to be built in accordance with
  338  this paragraph and to administer and disburse such proceeds and
  339  any other related source of revenue.
  340         (II) Appoint and dismiss the authority’s executive
  341  director, general counsel, and any other consultants retained by
  342  the authority. The governing body shall have the right to
  343  approve or disapprove the initial appointment of the authority’s
  344  executive director and general counsel.
  345         b. The members of each such authority shall serve for a
  346  term of not less than 1 year and shall be appointed by the
  347  governing body of such municipality. The annual budget of such
  348  authority shall be subject to approval of the governing body of
  349  the municipality. If the governing body does not approve the
  350  budget, the authority shall use as the authority’s budget the
  351  previous fiscal year budget.
  352         c. The authority, by resolution to be adopted from time to
  353  time, may invest and reinvest the proceeds from the convention
  354  development tax and any other revenues generated by the
  355  authority in the same manner that the municipality in which the
  356  authority is located may invest surplus funds.
  357         5. The charter county convention development levy shall be
  358  in addition to any other levy imposed pursuant to this section.
  359         5.6. A certified copy of the ordinance imposing the levy
  360  shall be furnished by the county to the department within 10
  361  days after approval of such ordinance. The effective date of
  362  imposition of the levy shall be the first day of any month at
  363  least 60 days after enactment of the ordinance.
  364         6.7. Revenues collected pursuant to this paragraph shall be
  365  deposited in a convention development trust fund, which shall be
  366  established by the county as a condition precedent to receipt of
  367  such funds.
  368         Section 3. The Division of Law Revision is directed to
  369  replace the phrase “the effective date of this act” wherever it
  370  occurs in this act with the date this act becomes a law.
  371         Section 4. This act shall take effect July 1, 2024.