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3 | 3 | | HB 6031 2025 |
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9 | 9 | | Page 1 of 5 |
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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 |
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15 | 15 | | An act relating to tourist development taxes; amending 2 |
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16 | 16 | | s. 125.0104, F.S.; deleting a provision requiring a 3 |
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17 | 17 | | specified percentage of all tourist development tax 4 |
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18 | 18 | | revenues to be used to promote and advertise tourism; 5 |
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19 | 19 | | providing an effective date. 6 |
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20 | 20 | | 7 |
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21 | 21 | | Be It Enacted by the Legislature of the State of Florida: 8 |
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22 | 22 | | 9 |
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23 | 23 | | Section 1. Paragraph (a) of subsection (5) of section 10 |
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24 | 24 | | 125.0104, Florida Statutes, is amended to read: 11 |
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25 | 25 | | 125.0104 Tourist development tax; procedure for levying; 12 |
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26 | 26 | | authorized uses; referendum; enforcement. — 13 |
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27 | 27 | | (5) AUTHORIZED USES OF REVENUE. — 14 |
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28 | 28 | | (a) All tax revenues received pursuant to this section by 15 |
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29 | 29 | | a county imposing the tourist development tax shall be used by 16 |
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30 | 30 | | that county for the following purposes only: 17 |
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31 | 31 | | 1. To acquire, construct, extend, enlarge, remodel, 18 |
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32 | 32 | | repair, improve, maintain, operate, or promote one or more: 19 |
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33 | 33 | | a. Publicly owned and operated convention centers, sports 20 |
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34 | 34 | | stadiums, sports arenas, coliseums, or auditoriums within the 21 |
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35 | 35 | | boundaries of the county or subcounty special taxing district in 22 |
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36 | 36 | | which the tax is levied; 23 |
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37 | 37 | | b. Auditoriums that are publicly owned but are operated by 24 |
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38 | 38 | | organizations that are exempt from federal taxation pursuant to 25 |
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40 | 40 | | HB 6031 2025 |
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46 | 46 | | Page 2 of 5 |
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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 | | 26 U.S.C. s. 501(c)(3) and open to the public, within the 26 |
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52 | 52 | | boundaries of the county or subcounty special taxing district in 27 |
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53 | 53 | | which the tax is levied; or 28 |
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54 | 54 | | c. Aquariums or museums that are publicly owned and 29 |
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55 | 55 | | operated or owned and operated by not -for-profit organizations 30 |
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56 | 56 | | and open to the public, within the boundaries of the county or 31 |
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57 | 57 | | subcounty special taxing district in which the tax is levied; 32 |
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58 | 58 | | 2. To promote zoological parks that are publicly owned and 33 |
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59 | 59 | | operated or owned and operated by not -for-profit organizations 34 |
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60 | 60 | | and open to the public; 35 |
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61 | 61 | | 3. To promote and advertise tourism in this state and 36 |
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62 | 62 | | nationally and internationally; however, if tax revenues are 37 |
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63 | 63 | | expended for an activity, service, venue, or event, the 38 |
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64 | 64 | | activity, service, venue, or event must have as one of its main 39 |
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65 | 65 | | purposes the attraction of tourists as evidenced by the 40 |
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66 | 66 | | promotion of the activity, service, venue, or event to tourists; 41 |
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67 | 67 | | 4. To fund convention bureaus, tourist bureaus, tourist 42 |
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68 | 68 | | information centers, and news bureaus as county agencies or by 43 |
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69 | 69 | | contract with the chambers of commerce or similar associations 44 |
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70 | 70 | | in the county, which may include any indirect administrative 45 |
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71 | 71 | | costs for services performed by the county on behalf of the 46 |
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72 | 72 | | promotion agency; 47 |
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73 | 73 | | 5. To finance beach park facilities, or beach, channel, 48 |
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74 | 74 | | estuary, or lagoon improvement, maintenance, renourishment, 49 |
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75 | 75 | | restoration, and erosion control, including construction of 50 |
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83 | 83 | | Page 3 of 5 |
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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 | | beach groins and shoreline protection, enhancement, cleanup, or 51 |
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89 | 89 | | restoration of inland lakes and rivers to which there is public 52 |
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90 | 90 | | access as those uses re late to the physical preservation of the 53 |
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91 | 91 | | beach, shoreline, channel, estuary, lagoon, or inland lake or 54 |
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92 | 92 | | river. However, any funds identified by a county as the local 55 |
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93 | 93 | | matching source for beach renourishment, restoration, or erosion 56 |
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94 | 94 | | control projects included in the long-range budget plan of the 57 |
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95 | 95 | | state's Beach Management Plan, pursuant to s. 161.091, or funds 58 |
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96 | 96 | | contractually obligated by a county in the financial plan for a 59 |
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97 | 97 | | federally authorized shore protection project may not be used or 60 |
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98 | 98 | | loaned for any other purpo se. In counties of fewer than 100,000 61 |
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99 | 99 | | population, up to 10 percent of the revenues from the tourist 62 |
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100 | 100 | | development tax may be used for beach park facilities; or 63 |
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101 | 101 | | 6. To acquire, construct, extend, enlarge, remodel, 64 |
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102 | 102 | | repair, improve, maintain, operate, or finan ce public facilities 65 |
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103 | 103 | | within the boundaries of the county or subcounty special taxing 66 |
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104 | 104 | | district in which the tax is levied, if the public facilities 67 |
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105 | 105 | | are needed to increase tourist -related business activities in 68 |
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106 | 106 | | the county or subcounty special district and ar e recommended by 69 |
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107 | 107 | | the county tourist development council created pursuant to 70 |
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108 | 108 | | paragraph (4)(e). Tax revenues may be used for any related land 71 |
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109 | 109 | | acquisition, land improvement, design and engineering costs, and 72 |
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110 | 110 | | all other professional and related costs required t o bring the 73 |
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111 | 111 | | public facilities into service. As used in this subparagraph, 74 |
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112 | 112 | | the term "public facilities" means major capital improvements 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 | | that have a life expectancy of 5 or more years, including, but 76 |
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126 | 126 | | not limited to, transportation, sanitary sewer, solid was te, 77 |
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127 | 127 | | drainage, potable water, and pedestrian facilities. Tax revenues 78 |
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128 | 128 | | may be used for these purposes only if the following conditions 79 |
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129 | 129 | | are satisfied: 80 |
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130 | 130 | | a. In the county fiscal year immediately preceding the 81 |
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131 | 131 | | fiscal year in which the tax revenues were initially used for 82 |
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132 | 132 | | such purposes, at least $10 million in tourist development tax 83 |
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133 | 133 | | revenue was received; 84 |
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134 | 134 | | b. The county governing board approves the use for the 85 |
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135 | 135 | | proposed public facilities by a vote of at least two -thirds of 86 |
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136 | 136 | | its membership; 87 |
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137 | 137 | | c. No more than 70 percent of the cost of the proposed 88 |
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138 | 138 | | public facilities will be paid for with tourist development tax 89 |
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139 | 139 | | revenues, and sources of funding for the remaining cost are 90 |
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140 | 140 | | identified and confirmed by the county governing board; and 91 |
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141 | 141 | | d. At least 40 percent of all tourist development tax 92 |
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142 | 142 | | revenues collected in the county are spent to promote and 93 |
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143 | 143 | | advertise tourism as provided by this subsection; and 94 |
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144 | 144 | | d.e. An independent professional analysis, performed at 95 |
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145 | 145 | | the expense of the county tourist development council, 96 |
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146 | 146 | | demonstrates the positive impact of the infrastructure project 97 |
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147 | 147 | | on tourist-related businesses in the county. 98 |
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148 | 148 | | 99 |
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149 | 149 | | Subparagraphs 1. and 2. may be implemented through service 100 |
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157 | 157 | | Page 5 of 5 |
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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 | | contracts and leases with lessees that have sufficient expertise 101 |
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163 | 163 | | or financial capability to op erate such facilities. 102 |
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164 | 164 | | Section 2. This act shall take effect July 1, 2025. 103 |
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