11/30/2005:

TAX EXEMPTIONS SUNSET

FFMA’s focus during the upcoming committee weeks and the impending 2006 Legislative Session will be on House Bill 421 (HB 421) and Senate Bill 952 (SB 952). The House bill was filed by Rep. Ron Reagan and the Senate bill by Senator Gwen Margolis. Both bills were filed just after Thanksgiving but have not yet received committee references.

As you will recall the tax exemptions put in place in 2000 and 2001 were originally to sunset (expire) in 2003. Through subsequent legislation the expiration date was extended until July 2006. The bill to make the exemptions permanent passed the House last year but became bogged down in the Senate.

Based on a series of meetings with Senate Leadership, our Senate sponsor and senior staff in the Senate President’s office, the legislation being pursued this year will seek to extend the sunset.

It is never too early to contact your local legislature by phone, letter or better yet a face-to-face meeting (so you can start to build a relationship if you don’t already have one stabled). Also, consider attending your county’s legislative delegation to introduce yourself to as many members as possible. These local meetings are taking place around the state right now. Call any local legislator’s office and the staff will be able to tell you when and where the delegation is meeting. Ask if it will be possible to take a few minutes to describe the issues. If you are able to do so let me know and I will send you a “Talk Sheet” on the bill. I will provide regular updates on the progress of the legislation and how you can help at the grass roots level throughout the legislative process.

Equally important for those of you owned by a governmental entity, be sure your county or city manager and your council and commission members have these bills on their agenda. These appointed and elected officials also have the ear of your elected legislators.

TICKET RESALES

Word is that another attempt will be made by eBay to pass legislation allowing them to auction/SCALPTICKETS. FFMA HAS CONSISTENTLY OPPOSED THIS LEGISLATION. This proposal was defeated in 2004. But, this year there will be a bill in each Chamber. I’ve been told Senator Mike Bennett will sponsor the bill in his chamber. I’ll let you know who the House sponsor is as soon as one is found. And, I will send out the respective bill numbers. Let your legislators know that Attorney General Crist and Commissioner Bronson of the Dept. of Agriculture and Consumer Services both oppose the bill. The members of FFMA are the last protector of the general public’s right to have equal access tickets. Each of you has horror stories to tell about the problems that arise from scalping. Be prepared to share these atrocities with your legislators. Remind them that it is the facility, their publicly owned facility, that faces the wrath of the irate citizen, not the performer or promoter or ticket reseller. The consumer protections set up through eBay and other marketers don’t exist. ALSO, PLEASE EMAIL OR FAX ANY ENCOUNTERS YOU’VE HAD IN THIS AREA. I want to share them with the Atty. General, Comm’r. Bronson and the Legislature.

Some of you may recall a presentation by the Miami Heat and Ticketmaster at last year’s conference concerning the resale of season ticket. Several professional sports teams are pursuing legislation that will allow them to resell season tickets at a higher price than the season ticket holder paid, under controlled circumstances, when the ticket holder can’t make it to a game. The FFMA Board voted to remain neutral on this issue.

OTHER MATTERS

MINIMUM WAGE INCREASE: Effective January 1, 2006 the minimum wage for hourly employees in the State of Florida increases from $6.25 to $6.40.

This is in line with the amendment to the Florida Constitution, which requires an annual increase. The increase is tied to the Consumer Price Index and is calculated in September of each year. The exception to this wage is for employees who may receive tips. In that case the minimum wage is reduced by $3.02. This is a fixed number. So, the 2006 minimum wage for an hourly employee who receives tips is $3.38.

Please keep this in mind as you negotiate new or renewal contracts with your vendors.

11/18/2005:

03/08/2004:

House Bill 339 by Rep. Benson,
WILL LEGALIZE SCALPING THROUGH INTERNET SALES if it passes.

The FFMA Board has unanimously decided to oppose the bill. The Commissioner of Agriculture and Consumer Services also opposes the bill. FFMA has a fight on its hands to defeat this legislation. It is imperative that each of  you contact the legislators on this committee to express your opposition , especially if you are located in a county which the legislator representatives, and/or if your facility serves residents from these counties. ALL POLITICS IS LOCAL. The members e-mail is LASTNAME.FIRSTNAME@myfloridahouse.com

However, I encourage you to also call (all numbers are the 850 area code) and talk to the member or his or her aide. MOST MEMBERS WILL NOT HAVE AN OPPORTUNITY TO CHECK THEIR E-MAIL AND I DON'T KNOW IF THEIR AIDES WILL CHECK IT FOR THEM. I you cannot speak directly to one of them, BE SURE TO LEAVE A MESSAGE THAT YOU OPPOSE HB 339 IN THIS AFTERNOON'S COMMERCE COMMITTEE MEETING AND THAT YOU RUN A FACILITY. LET THEM KNOW HOW NEGATIVELY THIS IMPACTS THE CITIZENS, YOUR CUSTOMERS, AND YOU.

Sarasota County:    
Chairperson: Nancy Detert (488.1171) 

Duval County:    
Don Davis (488.0001):
Terry Fields (488.6893):
Audrey Gibson (488.7417)

Hillsborough County:    
Kevin Ambler (488.0275):
Ron Reagan (488.6341)

Dade County and Broward Counties:-    
Ed Bullard (488.488.5430):
David Rivera (488.7897):
Vice-Ch. Adam Hasner (488.2234)

Orange County:    
Bob Allen (488.4669):
John Quinones (488.9240):
Jim Kallinger (488.2742):
Sheri McInvale (488.0660)

Pinellas County:    
Gus Bilirakis (488.5580):
Don Sullivan (488.9964)

Osceola County:    
John Quinones: see Orange County

Brevard County:    
Bob Allen: see Orange County

Collier County:    
David Rivera: see: Broward County

Palm Beach County:     
James Harper (488.8632):
Adam Hasner: see Broward

Pasco County:    
Gus Bilirakis: see Pinellas County

PLEASE STOP WHAT YOU ARE DOING RIGHT NOW AND TAKE A MINUTE TO DO THIS. I CAN'T OVER EMPHASIZE HOW IMPORTANT YOUR VOICE IS TO THE MEMBERS WHO REPRESENT YOUR AREA AND YOUR CUSTOMERS. THANKS.

PYROTECHNICS – In response to a bill introduced in both the House and the Senate regarding liability for pyrotechnics at events, Florida Facility Managers Association has drafted language that will prevent the owner or manager of the facility from being held liable for obtaining a pyro permit.  This language will reduce the venue owner and manager's liability considerably.

The legislature was in town recently and things went well for the association. I had meetings with Senators Bennett and Constantine and with Representative Quinones, regarding the Pyrotech Bill from last year. Representative Quinones has filed HB 101 on this issue with the language his aide drafted last year. I advised him that this was not the language worked out with the State Fire Marshal's Office. He has agreed to amend his bill when it is heard in the first committee (probably sometime in January, 2004) with the language we have proposed. Likewise, Senator Bennett agreed to amend the pyro provision in his bill (SB 494) to match our language. I attended the Regulated Industries meeting in the Senate and this was done. Senator Constantine is not going to move his SB 520, which has the "old" unacceptable pyro language. Instead he has agreed to file a companion bill to Representative Quinones bill. When Rep. Quinones amends his bill, the language will be identical in all three bills and it is the bill that will move forward. Additionally, by working over the summer with the Florida Homebuilders Association and the Florida Building Material Association we have picked both these groups up as supporters of "our" language, as well as the Florida Fire Marshals and Inspectors Association.  Including the FFMA and the State Fire Marshal's Office, there will be five entities supporting the bill.

TAX EXEMPTION FOR SALE OF SKYBOX SEATING - SB 236 proposes to remove the tax exemption on sale of skybox seating, in those venues that currently are under such an exemption. Senator Constantine will be filing the bill to allow several venues, depending on size and location, to turn over half of their sales tax to the county for economic development.  This bill was carried by him during the special session and by Senator Siplin last year.  In the House Representative McInvale has run the House version. It is anticipated she will run it again.  I have recommended that a bi-partisan team sign on as sponsors of the respective bills and I am working with Orange County Chairman Crotty's team to find support.

SENATE FINANCE & TAX COMMITTEE CHAIR – Gwen Margolis has been appointed the new chair of the Senate Finance and Tax Committee.  I have contacted her to let her know I will be coming by in January to bring her up to speed on FFMA issues.