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Agenda 06/08/2010 Item #16F 3 Agenda Item No, 16F3 June 8, 2010 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve Collier County's participation in the Florida Department of Revenue's tax amnesty program for Local Option Tourist Development Tax Collection. OBJECTIVE: That the Board of County Commissioners approves Collier County's participation in the State's amnesty program for Local Option Tourist Development Tax collection as provided for in HB 5801. CONSIDERATIONS: Under House Bi115801, which the governor signed into law May 28, the Florida Department of Revenue will be offering amnesty to taxpayers for unpaid taxes. As part of this amnesty, any local government that imposes a self administered local option tourist development tax may elect to participate in the amnesty program as long as they notified the Department of Revenue by June I, 2010. Tax Collector Lany Ray notified the County Manager's office of the June 1 deadline and the County Manager proceeded to direct the budget office to notify the Department of Revenue of our intent to participate in the amnesty program. According to the State, a notice to participate does not require participation - should the BCC elect not to. A similar amnesty program was offered in 2003 and Collier County participated in the program following BCC approval. The amnesty period this year runs from July I through September 30,2010. During this time period individuals, condo owners, or anyone who is now or is planning to rent their property for six months or less is able to register with the Collier County Tax Collector to begin collecting and remitting tourist development taxes for current and future rentals without penalty for previous rentals where no tax was collected. FISCAL IMPACT: When Collier County participated in this amnesty program in 2003, the Collier County Tax Collector's office reported approximately 100 new registrants to collect the local option tourist development tax. Most were individual owners. It is uncertain at this time as to the fiscal impact during this 2010 program, but staffprojects approximately $50,000 in net new tourist tax revenue. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMENDATION: That the Board of County Commissioners approves Collier County's participation in the State of Florida's amnesty program for Local Option Tourist Development Tax collection as provided for in HB 5801. Prepared by: Leo E. Ochs, Jr" County Manager Agenda Item No, 16F3 June 8, 2010 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F3 Recommendation to approve Collier Countys participation in the Florida Department of Revenues tax amnesty program for Local Option Tourist Development Tax Collection. 6/8/2010 9:00:00 AM Meeting Date: Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 6/2f2010 5:19 PM Agenda Item No. 16F3 June 8, 2010 Page 3 of 5 ~. ~ltl Refunds and Distribution Revenue Accounting Sub-process P.O. Box 6609 Tallahassee, FL 32314.6609 ElItcullYf D1*'<< UN Ecbewrrl MEMORANDUM FROM: Self Administering Local Option Tourist Development Sales Tax Counties David H. Ansley, Process Manager ~V' , May 24, 2010 2010 House Bill 5S01 TO: DATE: SUBJECT: Pursuant to'the 2010 House Bill 5801, the Department of Revenue will be offering amnesty to taxpayers for unpaid taxes. As part of this anmesty, any local govenunent that imposes a self administered local option tourist development tax may elect to participate in the amnesty program as long as they notify the Department of Revenue prior to 1une 1,2010. Please see the following site for the full context of the house bill which offers an amnesty period of three months,luly 1,2010 through September'30, 2010: http://www .f1senate.gov/dam/sessionl2010/House/billslbilltextlpdflh580104er .pdf If your county elects to participate. please notify the Department of Revenue bye-mailing an election statement to revenueaccountinjI@dor.state.t1.us. If you have any questions or concerns, please contact Broce Williams at (850) 487-1150. DHA/skg ChIld Support Enfoament - Ann CoffIn. Director. General Tax Admlnll\tation - Jim Evera. D/~ Property TIX Ovelllghl - J'mN McAalM, Director .lnform,lIon Servlcel- Tony PoWfllf. D11WCtOf (850)487-1150 . www.myflorlda.comldor FAX: (850) 921-1171 - revenueaecouDting@dor.state.O.us Isackson Mark Agenda Item No. 16F3 June 8, 2010 Page 4 of 5 Importance: ochs I Thursday, May 27,201011:09 AM IsacksonMark FW: Local Option Tax Amnesty Program (HB 5801) DOC052510,pdf High "rom: ent: To: Subject: Attachments: Mark, Please coordinate response to DOR indicating our intent to participate prior to June 1 and let's get a consent agenda ratification executive summary on the June 8th agenda. thanks From: Larry Ray [mailto:lray@colliertax.com] Sent: Wednesday, May 26,20102:44 PM To: ochs_'; WertJack; KlatzkowJeff Cc: chaynes@colliertax.com Subject: Local Option Tax Amnesty Program (HB 5801) Attached please find an email we received from David Ansley dated May 24, 2010. This email was received at our office on May 25,2010 at 4:28 PM. The email is regarding an Amnesty Program that will take effect on July 1, 2010. Local Option (Tourist Development Tax) taxes are eligible for this Amnesty Program. Participation in the program requires our Notification to Participate to the Department of Revenue prior to June 1, 2010. . "owever, the next meeting of the Collier County Board of Commissioners is scheduled for June 8,2010. We have advised Bruce Williams at the Department of Revenue of this scheduling conflict and he said that if we wished to become part of the Program - we should notify the Department of Revenue that we wish to participate prior to June 1, 2010. He further states that a notice to participate does not REQUIRE participation - should the Board of County Commissioners elect not to. For your information, a similar Amnesty Program was offered in 2003 and Collier County participated in the program based on the approval by the Board of County Commissioners at their June 10, 2003 meeting. Please review and advise. Thank you, Larry H. Ray Collier County Tax Collector Under Florida Law, e-mail addresses are public records. If you do not want your em ail-address released in response to a public records request, do not send electronic mailto this entity. Instead, contact this office by phone or in writing. der Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send ;Ironic mail to this entity, Instead, contact this office by telephone or in writing. 1 HutchinsonBarbetta Agenda Item No. 16F3 June 8, 2010 Page 5 of 5 From: Sent: To: Cc: Subject: HutchinsonBarbetta Friday, May 28,20108:42 AM 'revenueaccounting@dor.state.f1.us' ochs_l; Larry Ray; HutchinsonBarbetta; brock_m 2010 House Bill 5801 Covering Tax Amnesty for Unpaid Tourist Development Taxes Attention: Bruce Williams Dear Mr. Williams, Thank you for your memorandum of May 24, 2010 providing information on House Bill 5801. As you indicated, this bill will offer amnesty to tax payers for unpaid taxes and specifically those local option tourist development taxes. Be advised that Collier County intends to participate in this program for the three month period of July 1, 2010 through September 30, 2010 and this participation will be confirmed by the Collier County Board of County Commissioners at their June 8, 2010 meeting. Thank you very much, Mark Isackson Corporate Financial Manager Collier County Managers Office - - 1