November 29, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:

Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for CS for SB 682

290384

CHAMBER ACTION

Senate

Floor: WD/3R

5/2/2008 4:53 PM

.

.

.

.

.

House



1

Senator Geller moved the following Senate amendment to House

2

amendment (162105):

3

4

     Senate Amendment (with title amendment)

5

     Between line(s) 396-398

6

and insert:

7

     Section 7.  Section 212.0606, Florida Statutes, is amended

8

to read:

9

     212.0606 Rental car surcharge; discretionary local rental

10

car surcharge.--

11

     (1) A surcharge of $2 $2.00 per day or any part of a day is

12

imposed upon the lease or rental of a motor vehicle licensed for

13

hire and designed to carry fewer less than nine passengers,

14

regardless of whether such motor vehicle is licensed in Florida.

15

The surcharge applies to only the first 30 days of the term of

16

any lease or rental and. The surcharge is subject to all

17

applicable taxes imposed by this chapter.

18

     (2)(a) Notwithstanding s. the provisions of section 212.20,

19

and less costs of administration, 80 percent of the proceeds of

20

the this surcharge imposed under subsection (1) shall be

21

deposited in the State Transportation Trust Fund, 15.75 percent

22

of the proceeds of this surcharge shall be deposited in the

23

Tourism Promotional Trust Fund created in s. 288.122, and 4.25

24

percent of the proceeds of this surcharge shall be deposited in

25

the Florida International Trade and Promotion Trust Fund. As used

26

in For the purposes of this subsection, "proceeds" of the

27

surcharge means all funds collected and received by the

28

department under subsection (1) this section, including interest

29

and penalties on delinquent surcharges. The department shall

30

provide the Department of Transportation rental car surcharge

31

revenue information for the previous state fiscal year by

32

September 1 of each year.

33

     (b)  Notwithstanding any other provision of law, in fiscal

34

year 2007-2008 and each year thereafter, the proceeds deposited

35

in the State Transportation Trust Fund shall be allocated on an

36

annual basis in the Department of Transportation's work program

37

to each department district, except the Turnpike District. The

38

amount allocated for each district shall be based upon the amount

39

of proceeds attributed to the counties within each respective

40

district.

41

     (3)(a) In addition to the surcharge imposed under

42

subsection (1), each county containing an airport and a regional

43

transportation authority under chapter 343 may levy a

44

discretionary local surcharge pursuant to county ordinance and

45

subject to approval by a majority vote of the electorate of the

46

county voting in a referendum on the local surcharge of $2 per

47

day, or any part of a day, upon the lease or rental of a motor

48

vehicle licensed for hire and designed to carry fewer than nine

49

passengers, regardless of whether such motor vehicle is licensed

50

in this state. The surcharge may be applied to only the first 30

51

days of the term of the lease or rental and is subject to all

52

applicable taxes imposed by this chapter.

53

     (b) If the ordinance authorizing the imposition of the

54

surcharge is approved by referendum, a certified copy of the

55

ordinance shall be furnished by the county to the department

56

within 10 days after such approval, but no later than November 16

57

prior to the effective date. The notice must specify the time

58

period during which the surcharge will be in effect and must

59

include a copy of the ordinance and such other information as the

60

department requires by rule. Failure to timely provide such

61

notification to the department shall result in delay of the

62

effective date for 1 year. The effective date for any county to

63

impose the surcharge shall be January 1 following the year in

64

which the ordinance was approved by referendum. A local surcharge

65

may not terminate on a date other than December 31.

66

     (c) A dealer that collects the local surcharge but fails to

67

report surcharge collections by county, as required by paragraph

68

(4)(b), shall have the surcharge proceeds deposited into the

69

Solid Waste Management Trust Fund and transferred to the Local

70

Option Fuel Tax Trust Fund, which is separate from the county

71

surcharge collection accounts. The department shall distribute

72

funds in this account, less the cost of administration, using a

73

distribution factor determined for each county that levies a

74

surcharge based on the county's latest official population as

75

determined pursuant to s. 186.901 and multiplied by the amount of

76

funds in the account and available for distribution.

77

     (d) Notwithstanding s. 212.20, and less the costs of

78

administration, the proceeds of the local surcharge imposed under

79

paragraph (a) shall be transferred to the Local Option Fuel Tax

80

Trust Fund and distributed monthly by the department pursuant to

81

s. 336.025(3)(a)1. or (4)(a) and used solely for costs associated

82

with the construction, reconstruction, operation, maintenance,

83

and repair of facilities under a commuter rail service program

84

provided by the state or other governmental entity. The revenue

85

generated by the local surcharge in each county shall be

86

redistributed to the transportation authority of that county. As

87

used in this subsection, "proceeds" of the local surcharge means

88

all funds collected and received by the department under this

89

subsection, including interest and penalties on delinquent

90

surcharges.

91

     (4)(3)(a) Except as provided in this section, the

92

department shall administer, collect, and enforce the surcharge

93

and local surcharge as provided in this chapter.

94

     (b)  The department shall require dealers to report

95

surcharge collections according to the county to which the

96

surcharge and local surcharge was attributed. For purposes of

97

this section, the surcharge and local surcharge shall be

98

attributed to the county where the rental agreement was entered

99

into.

100

     (c) Dealers who collect a the rental car surcharge shall

101

report to the department all surcharge and local surcharge

102

revenues attributed to the county where the rental agreement was

103

entered into on a timely filed return for each required reporting

104

period. The provisions of this chapter which apply to interest

105

and penalties on delinquent taxes shall apply to the surcharge

106

and local surcharge. The surcharge and local surcharge shall not

107

be included in the calculation of estimated taxes pursuant to s.

108

212.11. The dealer's credit provided in s. 212.12 shall not apply

109

to any amount collected under this section.

110

     (5)(4) The surcharge and any local surcharge imposed by

111

this section does not apply to a motor vehicle provided at no

112

charge to a person whose motor vehicle is being repaired,

113

adjusted, or serviced by the entity providing the replacement

114

motor vehicle.

115

116

================ T I T L E  A M E N D M E N T ================

117

And the title is amended as follows:

118

     On line(s) 2266, after the first semicolon

119

insert:

120

amending s. 212.0606, F.S.; providing for the imposition

121

by countywide referendum of an additional surcharge on the

122

lease or rental of a motor vehicle; providing for the

123

proceeds of the surcharge to be transferred to the Local

124

Option Fuel Tax Trust Fund and used for the construction

125

and maintenance of commuter rail service facilities;

5/2/2008  11:56:00 AM     31-09572-08

CODING: Words stricken are deletions; words underlined are additions.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader