Florida 2024 Regular Session

Florida House Bill H1081 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1081 2024
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to tourist development; amending s. 2
16	16	125.0104, F.S.; providing an exception to the 3
17	17	authorized uses of revenues received by counties 4
18	18	imposing the tourist development tax; specifying uses 5
19	19	of tax revenues received by certain counties imposing 6
20	20	the tourist development tax; defining the term "public 7
21	21	facilities"; amending s. 212.0305, F.S.; requiring 8
22	22	that charter county convention development moneys be 9
23	23	distributed to the governing boards of municipalities 10
24	24	for specified purposes; revising the purposes for 11
25	25	which a county may use charter county convention 12
26	26	development moneys; deleting the requirement that the 13
27	27	county notify the governing board of each municipal ity 14
28	28	under certain circumstances; providing a directive to 15
29	29	the Division of Law Revision; providing an effective 16
30	30	date. 17
31	31	18
32	32	Be It Enacted by the Legislature of the State of Florida: 19
33	33	20
34	34	Section 1. Paragraphs (a) and (e) of subsection (5) of 21
35	35	section 125.0104, Florida Statutes, are amended, and paragraph 22
36	36	(f) is added to that subsection, to read: 23
37	37	125.0104 Tourist development tax; procedure for levying; 24
38	38	authorized uses; referendum; enforcement. — 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	(5) AUTHORIZED USES OF REVENUE. — 26
52	52	(a) Except for counties id entified in paragraph (f), all 27
53	53	tax revenues received pursuant to this section by a county 28
54	54	imposing the tourist development tax shall be used by that 29
55	55	county for the following purposes only: 30
56	56	1. To acquire, construct, extend, enlarge, remodel, 31
57	57	repair, improve, maintain, operate, or promote one or more: 32
58	58	a. Publicly owned and operated convention centers, sports 33
59	59	stadiums, sports arenas, coliseums, or auditoriums within the 34
60	60	boundaries of the county or subcounty special taxing district in 35
61	61	which the tax is levie d; 36
62	62	b. Auditoriums that are publicly owned but are operated by 37
63	63	organizations that are exempt from federal taxation pursuant to 38
64	64	26 U.S.C. s. 501(c)(3) and open to the public, within the 39
65	65	boundaries of the county or subcounty special taxing district in 40
66	66	which the tax is levied; or 41
67	67	c. Aquariums or museums that are publicly owned and 42
68	68	operated or owned and operated by not -for-profit organizations 43
69	69	and open to the public, within the boundaries of the county or 44
70	70	subcounty special taxing district in which the tax is levied; 45
71	71	2. To promote zoological parks that are publicly owned and 46
72	72	operated or owned and operated by not -for-profit organizations 47
73	73	and open to the public; 48
74	74	3. To promote and advertise tourism in this state and 49
75	75	nationally and internationally; however, if tax revenues are 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	expended for an activity, service, venue, or event, the 51
89	89	activity, service, venue, or event must have as one of its main 52
90	90	purposes the attraction of tourists as evidenced by the 53
91	91	promotion of the activity, service, venue, or event to tourist s; 54
92	92	4. To fund convention bureaus, tourist bureaus, tourist 55
93	93	information centers, and news bureaus as county agencies or by 56
94	94	contract with the chambers of commerce or similar associations 57
95	95	in the county, which may include any indirect administrative 58
96	96	costs for services performed by the county on behalf of the 59
97	97	promotion agency; 60
98	98	5. To finance beach park facilities, or beach, channel, 61
99	99	estuary, or lagoon improvement, maintenance, renourishment, 62
100	100	restoration, and erosion control, including construction of 63
101	101	beach groins and shoreline protection, enhancement, cleanup, or 64
102	102	restoration of inland lakes and rivers to which there is public 65
103	103	access as those uses relate to the physical preservation of the 66
104	104	beach, shoreline, channel, estuary, lagoon, or inland lake or 67
105	105	river. However, any funds identified by a county as the local 68
106	106	matching source for beach renourishment, restoration, or erosion 69
107	107	control projects included in the long -range budget plan of the 70
108	108	state's Beach Management Plan, pursuant to s. 161.091, or funds 71
109	109	contractually obligated by a county in the financial plan for a 72
110	110	federally authorized shore protection project may not be used or 73
111	111	loaned for any other purpose. In counties of fewer than 100,000 74
112	112	population, up to 10 percent of the revenues from the tourist 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	development tax may be used for beach park facilities; or 76
126	126	6. To acquire, construct, extend, enlarge, remodel, 77
127	127	repair, improve, maintain, operate, or finance public facilities 78
128	128	within the boundaries of the county or subcounty special taxing 79
129	129	district in which the tax is levied, if the public facilities 80
130	130	are needed to increase tourist -related business activities in 81
131	131	the county or subcounty special district and are recommended by 82
132	132	the county tourist development council created pursuant to 83
133	133	paragraph (4)(e). Tax revenues may be used for any related land 84
134	134	acquisition, land improvement, design and engineering costs, and 85
135	135	all other professional and related costs required to bring the 86
136	136	public facilities into service. As used in this subparagraph, 87
137	137	the term "public facilities" means majo r capital improvements 88
138	138	that have a life expectancy of 5 or more years, including, but 89
139	139	not limited to, transportation, sanitary sewer, solid waste, 90
140	140	drainage, potable water, and pedestrian facilities. Tax revenues 91
141	141	may be used for these purposes only if the f ollowing conditions 92
142	142	are satisfied: 93
143	143	a. In the county fiscal year immediately preceding the 94
144	144	fiscal year in which the tax revenues were initially used for 95
145	145	such purposes, at least $10 million in tourist development tax 96
146	146	revenue was received; 97
147	147	b. The county governing board approves the use for the 98
148	148	proposed public facilities by a vote of at least two -thirds of 99
149	149	its membership; 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	c. No more than 70 percent of the cost of the proposed 101
163	163	public facilities will be paid for with tourist development tax 102
164	164	revenues, and sources of funding for the remaining cost are 103
165	165	identified and confirmed by the county governing board; 104
166	166	d. At least 40 percent of all tourist development tax 105
167	167	revenues collected in the county are spent to promote and 106
168	168	advertise tourism as provided by this subs ection; and 107
169	169	e. An independent professional analysis, performed at the 108
170	170	expense of the county tourist development council, demonstrates 109
171	171	the positive impact of the infrastructure project on tourist -110
172	172	related businesses in the county. 111
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174	174	Subparagraphs 1. and 2. may be implemented through service 113
175	175	contracts and leases with lessees that have sufficient expertise 114
176	176	or financial capability to operate such facilities. 115
177	177	(e) Any use of the local option tourist development tax 116
178	178	revenues collected pursuant to this section fo r a purpose not 117
179	179	expressly authorized by paragraph (3)(l) or paragraph (3)(n) or 118
180	180	paragraphs (a)-(d) and (f) of this subsection is expressly 119
181	181	prohibited. 120
182	182	(f) All tax revenues received pursuant to this section by 121
183	183	a county, as defined in s. 125.011(1), imposi ng the tourist 122
184	184	development tax may only be used by the county as specified in 123
185	185	this paragraph. 124
186	186	1. Revenues may be used to complete any project underway 125
187	187
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
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199	199	as of the effective date of this act or to perform any contract 126
200	200	in existence on the effective date of t his act, pursuant to this 127
201	201	section as this section existed before the effective date of 128
202	202	this act. Revenues may not be used to renew or extend such 129
203	203	contracts or projects. Bonds or other debt outstanding as of the 130
204	204	effective date of this act may be refinanced, but the duration 131
205	205	of such debt pledging the tourist development tax may not be 132
206	206	extended and the outstanding principal may not be increased, 133
207	207	except to account for the costs of issuance. 134
208	208	2. Revenues not needed for projects, contracts, or debt 135
209	209	obligations pursuant to subparagraph 1. must be distributed and 136
210	210	used as follows: 137
211	211	a. Fifty percent must be distributed monthly by the county 138
212	212	to the governing authorities of the municipalities within the 139
213	213	county. Distributions to each municipality must be in proportion 140
214	214	to the amount collected in the prior month within the 141
215	215	municipality as a share of the total amount collected from all 142
216	216	municipalities in the county. These distributions may be used by 143
217	217	the receiving municipality to: 144
218	218	(I) Promote and advertise tourism. 145
219	219	(II) Fund convention bureaus, tourist bureaus, tourist 146
220	220	information centers, and news bureaus. Municipalities may enter 147
221	221	into interlocal agreements for the purpose of using the revenue 148
222	222	received for the purpose stated in this sub -sub-subparagraph in 149
223	223	combination with moneys used by the county for a countywide 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	convention and visitors bureau under s. 212.0305(4)(b)2.b.(II). 151
237	237	(III) Acquire, construct, extend, enlarge, remodel, 152
238	238	repair, improve, maintain, operate, or finance public facilities 153
239	239	within the boundaries of t he municipality, if the public 154
240	240	facilities are needed to increase tourist -related business 155
241	241	activities in the municipality. 156
242	242	(A) As used in this sub -sub-subparagraph, the term "public 157
243	243	facilities" means major capital improvements that have a life 158
244	244	expectancy of 5 or more years, including, but not limited to, 159
245	245	transportation; sanitary sewer, including solid waste, drainage, 160
246	246	and potable water; and pedestrian facilities. 161
247	247	(B) Tax distributions may be used for any related land 162
248	248	acquisition, land improvement, design and engineering costs, and 163
249	249	all other professional and related costs required to bring the 164
250	250	public facilities into service. 165
251	251	(C) Tax distributions may be used for the purposes stated 166
252	252	in sub-sub-sub-subparagraph (B) only if the following conditions 167
253	253	are satisfied: 168
254	254	i. The governing authority of the municipality approves 169
255	255	the use for each proposed public facility by a vote of at least 170
256	256	two-thirds of its membership. 171
257	257	ii. No more than 70 percent of the cost of a proposed 172
258	258	public facility will be paid for using to urist development tax 173
259	259	revenues, and sources of funding for the remaining costs are 174
260	260	identified and confirmed by the governing authority of the 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271	271
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273	273	municipality. 176
274	274	iii. No more than 40 percent of all tourist development 177
275	275	tax revenues distributed to the municipali ty are spent to 178
276	276	promote and advertise tourism as provided in this paragraph. 179
277	277	(IV) Acquire, construct, extend, enlarge, remodel, repair, 180
278	278	improve, maintain, operate, or promote parks or trails that are 181
279	279	publicly owned and operated or owned and operated by n ot-for-182
280	280	profit organizations and open to the public, within the 183
281	281	boundaries of the municipality. 184
282	282	(V) Reimburse expenses incurred in providing public safety 185
283	283	services, including, but not limited to, emergency medical 186
284	284	services as defined in s. 401.107(3), and law enforcement 187
285	285	services, needed to address impacts related to increased tourism 188
286	286	and visitors to a municipality. 189
287	287	(VI) Finance water quality improvement projects, 190
288	288	including, but not limited to, all of the following: 191
289	289	(A) Flood mitigation. 192
290	290	(B) Algae control, cleanup, or prevention measures. 193
291	291	(C) Biscayne Bay and waterway network restoration 194
292	292	initiatives. 195
293	293	(VII) Provide for septic -to-sewer conversion projects 196
294	294	important to the local tourism industry which are primarily 197
295	295	undertaken to reduce or prevent the discharge of untreated or 198
296	296	partially treated wastewater into surface waters. 199
297	297	b. A county shall use the remaining tax revenues received 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	pursuant to this section as provided in this sub -subparagraph. 201
311	311	Twenty percent must be distributed monthly to the governing 202
312	312	board of the county to fund the primary bureau, department, or 203
313	313	association responsible for organizing, funding, and promoting 204
314	314	opportunities for artists and cultural organizations within the 205
315	315	county. Thirty percent must be distributed monthly to th e 206
316	316	governing board of the county and used for one or more of the 207
317	317	purposes set forth in s. 212.0306(3). Fifty percent must be 208
318	318	distributed monthly to the governing board of the county and 209
319	319	used for the purposes set forth in paragraph (5)(a) or sub -sub-210
320	320	subparagraphs 2.a.(IV)-(VII). 211
321	321	Section 2. Paragraph (b) of subsection (4) of section 212
322	322	212.0305, Florida Statutes, is amended to read: 213
323	323	212.0305 Convention development taxes; intent; 214
324	324	administration; authorization; use of proceeds. — 215
325	325	(4) AUTHORIZATION TO LEVY; U SE OF PROCEEDS; OTHER 216
326	326	REQUIREMENTS.— 217
327	327	(b) Charter county levy for convention development. — 218
328	328	1. Each county, as defined in s. 125.011(1), may impose, 219
329	329	under an ordinance enacted by the governing body of the county, 220
330	330	a levy on the exercise within its boundar ies of the taxable 221
331	331	privilege of leasing or letting transient rental accommodations 222
332	332	described in subsection (3) at the rate of 3 percent of the 223
333	333	total consideration charged therefor. The proceeds of this levy 224
334	334	shall be known as the charter county convention d evelopment tax. 225
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	2.a. Fifty percent of all charter county convention 226
348	348	development moneys, including any interest accrued thereon, 227
349	349	received by a county imposing the levy shall be distributed 228
350	350	monthly to the governing boards of the municipalities within the 229
351	351	county in proportion to the amount collected in the prior month 230
352	352	within each municipality compared with the total collected from 231
353	353	all municipalities in the county. Moneys collected within the 232
354	354	unincorporated area of the county are not included in the 233
355	355	distribution under this subparagraph. The distributions as 234
356	356	described in this sub -subparagraph may be used by the receiving 235
357	357	municipality only for the following purposes used as follows: 236
358	358	(I) To acquire, construct, extend, enlarge, remodel, 237
359	359	repair, improve, operate, or maintain one or more of the 238
360	360	following: 239
361	361	(A) A convention center. 240
362	362	(B) An exhibition hall. 241
363	363	(C) A coliseum. 242
364	364	(D) An auditorium. 243
365	365	(E) A performing arts center. 244
366	366	(F) A related building or parking facility to such 245
367	367	buildings described in sub -sub-sub-subparagraphs (A)-(E). 246
368	368	(II) To promote and advertise tourism and to fund 247
369	369	convention bureaus, tourist bureaus, tourist information 248
370	370	centers, and news bureaus. Municipalities may enter into 249
371	371	interlocal agreements for the purpose of using the revenue 250
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	received for the purpose stated in this sub -sub-subparagraph in 251
385	385	combination with moneys used by the county for a countywide 252
386	386	convention and visitor's bureau under sub -sub-subparagraph b. 253
387	387	(II). 254
388	388	b. The governing body of the county shall use the 255
389	389	remaining charter cou nty convention development moneys only for 256
390	390	the following purposes: 257
391	391	(I) To acquire, construct, extend, enlarge, remodel, 258
392	392	repair, improve, operate, or maintain one or more of the 259
393	393	following: 260
394	394	(A) A convention center. 261
395	395	(B) An exhibition hall. 262
396	396	(C) A coliseum. 263
397	397	(D) An auditorium. 264
398	398	(E) A performing arts center. 265
399	399	(F) A related building or parking facility to such 266
400	400	buildings described in sub -sub-sub-subparagraphs (A)-(E). 267
401	401	(II) To acquire, construct, extend, enlarge, remodel, 268
402	402	repair, improve, operate, or maintain a countywide convention 269
403	403	and visitors bureau which, by interlocal agreement and contract 270
404	404	with the municipalities within the county, has the primary 271
405	405	responsibility for promoting the county and its municipalities 272
406	406	as a destination site for conventi ons, trade shows, and pleasure 273
407	407	travel, or to be used for purposes provided in s. 274
408	408	125.0104(5)(a)2.b. or c. If the county is not or is no longer a 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	party to such an interlocal agreement, the county must allocate 276
422	422	the proceeds of such tax for the purposes descr ibed in s. 277
423	423	125.0104(5)(a)2.b. or c. 278
424	424	a. Two-thirds of the proceeds shall be used to extend, 279
425	425	enlarge, and improve the largest existing publicly owned 280
426	426	convention center in the county. 281
427	427	b. One-third of the proceeds shall be used to construct a 282
428	428	new multipurpose convention/coliseum/exhibition center/stadium 283
429	429	or the maximum components thereof as funds permit in the most 284
430	430	populous municipality in the county. 285
431	431	c. After the completion of any project under sub -286
432	432	subparagraph a., the tax revenues and interest accrued u nder 287
433	433	sub-subparagraph a. may be used to acquire, construct, extend, 288
434	434	enlarge, remodel, repair, improve, plan for, operate, manage, or 289
435	435	maintain one or more convention centers, stadiums, exhibition 290
436	436	halls, arenas, coliseums, auditoriums, or golf courses, and m ay 291
437	437	be used to acquire and construct an intercity light rail 292
438	438	transportation system as described in the Light Rail Transit 293
439	439	System Status Report to the Legislature dated April 1988, which 294
440	440	shall provide a means to transport persons to and from the 295
441	441	largest existing publicly owned convention center in the county 296
442	442	and the hotels north of the convention center and to and from 297
443	443	the downtown area of the most populous municipality in the 298
444	444	county as determined by the county. 299
445	445	d. After completion of any project under sub -subparagraph 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	b., the tax revenues and interest accrued under sub -subparagraph 301
459	459	b. may be used, as determined by the county, to operate an 302
460	460	authority created pursuant to subparagraph 4. or to acquire, 303
461	461	construct, extend, enlarge, remodel, repair, improve, oper ate, 304
462	462	or maintain one or more convention centers, stadiums, exhibition 305
463	463	halls, arenas, coliseums, auditoriums, golf courses, or related 306
464	464	buildings and parking facilities in the most populous 307
465	465	municipality in the county. 308
466	466	e. For the purposes of completion of a ny project pursuant 309
467	467	to this paragraph, tax revenues and interest accrued may be 310
468	468	used: 311
469	469	(I) As collateral, pledged, or hypothecated for projects 312
470	470	authorized by this paragraph, including bonds issued in 313
471	471	connection therewith; or 314
472	472	(II) As a pledge or capital contribution in conjunction 315
473	473	with a partnership, joint venture, or other business arrangement 316
474	474	between a municipality and one or more business entities for 317
475	475	projects authorized by this paragraph. 318
476	476	3. The governing body of each municipality in which a 319
477	477	municipal tourist tax is levied may adopt a resolution 320
478	478	prohibiting imposition of the charter county convention 321
479	479	development levy within such municipality. If the governing body 322
480	480	adopts such a resolution, the convention development levy must 323
481	481	shall be imposed by the county in all other areas of the county 324
482	482	except such municipality. No funds collected pursuant to this 325
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495	495	paragraph may be expended in a municipality which has adopted 326
496	496	such a resolution. 327
497	497	4.a. Before the county enacts an ordinance imposing the 328
498	498	levy, the county shall notify the governing body of each 329
499	499	municipality in which projects are to be developed pursuant to 330
500	500	sub-subparagraph 2.a., sub -subparagraph 2.b., sub -subparagraph 331
501	501	2.c., or sub-subparagraph 2.d. As a condition precedent to 332
502	502	receiving funding, the govern ing bodies of such municipalities 333
503	503	shall designate or appoint an authority that shall have the sole 334
504	504	power to: 335
505	505	(I) Approve the concept, location, program, and design of 336
506	506	the facilities or improvements to be built in accordance with 337
507	507	this paragraph and to adm inister and disburse such proceeds and 338
508	508	any other related source of revenue. 339
509	509	(II) Appoint and dismiss the authority's executive 340
510	510	director, general counsel, and any other consultants retained by 341
511	511	the authority. The governing body shall have the right to 342
512	512	approve or disapprove the initial appointment of the authority's 343
513	513	executive director and general counsel. 344
514	514	b. The members of each such authority shall serve for a 345
515	515	term of not less than 1 year and shall be appointed by the 346
516	516	governing body of such municipality. T he annual budget of such 347
517	517	authority shall be subject to approval of the governing body of 348
518	518	the municipality. If the governing body does not approve the 349
519	519	budget, the authority shall use as the authority's budget the 350
520	520
521	521	HB 1081 2024
522	522
523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb1081-00
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529	529
530	530
531	531
532	532	previous fiscal year budget. 351
533	533	c. The authority, by resolution to be adopted from time to 352
534	534	time, may invest and reinvest the proceeds from the convention 353
535	535	development tax and any other revenues generated by the 354
536	536	authority in the same manner that the municipality in which the 355
537	537	authority is located may in vest surplus funds. 356
538	538	5. The charter county convention development levy shall be 357
539	539	in addition to any other levy imposed pursuant to this section. 358
540	540	5.6. A certified copy of the ordinance imposing the levy 359
541	541	shall be furnished by the county to the department w ithin 10 360
542	542	days after approval of such ordinance. The effective date of 361
543	543	imposition of the levy shall be the first day of any month at 362
544	544	least 60 days after enactment of the ordinance. 363
545	545	6.7. Revenues collected pursuant to this paragraph shall 364
546	546	be deposited in a convention development trust fund, which shall 365
547	547	be established by the county as a condition precedent to receipt 366
548	548	of such funds. 367
549	549	Section 3. The Division of Law Revision is directed to 368
550	550	replace the phrase "the effective date of this act" wherever it 369
551	551	occurs in this act with the date this act becomes a law. 370
552	552	Section 4. This act shall take effect July 1, 2024. 371