Florida Senate - 2009                                     SB 392
       
       
       
       By Senator Haridopolos
       
       
       
       
       26-00418A-09                                           2009392__
    1                        A bill to be entitled                      
    2         An act relating to timeshare resort taxation; amending
    3         ss. 125.0104, 125.0108, 212.03, and 212.0305, F.S.;
    4         revising application of provisions imposing certain
    5         taxes upon consideration paid for occupancy of certain
    6         timeshare resort products; providing application and
    7         construction; providing an effective date.
    8         
    9  Be It Enacted by the Legislature of the State of Florida:
   10         
   11         Section 1. Paragraph (a) of subsection (3) of section
   12  125.0104, Florida Statutes, is amended to read:
   13         125.0104 Tourist development tax; procedure for levying;
   14  authorized uses; referendum; enforcement.—
   15         (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.—
   16         (a)1. It is declared to be the intent of the Legislature
   17  that every person who rents, leases, or lets for consideration
   18  any living quarters or accommodations in any hotel, apartment
   19  hotel, motel, resort motel, apartment, apartment motel,
   20  roominghouse, mobile home park, recreational vehicle park, or
   21  condominium, or timeshare resort for a term of 6 months or less
   22  is exercising a privilege which is subject to taxation under
   23  this section, unless such person rents, leases, or lets for
   24  consideration any living quarters or accommodations which are
   25  exempt according to the provisions of chapter 212.
   26         2.a. Tax shall be due on the consideration paid for
   27  occupancy in the county pursuant to a regulated short-term
   28  product, as defined in s. 721.05, or occupancy in the county
   29  pursuant to a product that would be deemed a regulated short
   30  term product if the agreement to purchase the short-term right
   31  were executed in this state. Such tax shall be collected on the
   32  last day of occupancy within the county unless such
   33  consideration is applied to the purchase of a timeshare estate.
   34  The occupancy of an accommodation of a timeshare resort pursuant
   35  to a timeshare plan, a multisite timeshare plan, or an exchange
   36  transaction in an exchange program, as defined in s. 721.05, by
   37  the owner of a timeshare interest or such owner's guest, which
   38  guest is not paying monetary consideration to the owner or to a
   39  third party for the benefit of the owner, is not a privilege
   40  subject to taxation under this section. A membership or
   41  transaction fee paid by a timeshare owner that does not provide
   42  the timeshare owner with the right to occupy any specific
   43  timeshare unit but merely provides the timeshare owner with the
   44  opportunity to exchange a timeshare interest through an exchange
   45  program is a service charge and not subject to taxation under
   46  this section.
   47         b. Consideration paid for the purchase of a timeshare
   48  license in a timeshare plan, as defined in s. 721.05, is rent
   49  subject to taxation under this section.
   50         Section 2. Paragraph (b) of subsection (1) of section
   51  125.0108, Florida Statutes, is amended to read:
   52         125.0108 Areas of critical state concern; tourist impact
   53  tax.—
   54         (1)
   55         (b)1. It is declared to be the intent of the Legislature
   56  that every person who rents, leases, or lets for consideration
   57  any living quarters or accommodations in any hotel, apartment
   58  hotel, motel, resort motel, apartment, apartment motel,
   59  roominghouse, mobile home park, recreational vehicle park, or
   60  condominium, or timeshare resort for a term of 6 months or less,
   61  unless such establishment is exempt from the tax imposed by s.
   62  212.03, is exercising a taxable privilege on the proceeds
   63  therefrom under this section.
   64         2.a.Tax shall be due on the consideration paid for
   65  occupancy in the county pursuant to a regulated short-term
   66  product, as defined in s. 721.05, or occupancy in the county
   67  pursuant to a product that would be deemed a regulated short
   68  term product if the agreement to purchase the short-term right
   69  were executed in this state. Such tax shall be collected on the
   70  last day of occupancy within the county unless such
   71  consideration is applied to the purchase of a timeshare estate.
   72  The occupancy of an accommodation of a timeshare resort pursuant
   73  to a timeshare plan, a multisite timeshare plan, or an exchange
   74  transaction in an exchange program, as defined in s. 721.05, by
   75  the owner of a timeshare interest or such owner's guest, which
   76  guest is not paying monetary consideration to the owner or to a
   77  third party for the benefit of the owner, is not a privilege
   78  subject to taxation under this section. A membership or
   79  transaction fee paid by a timeshare owner that does not provide
   80  the timeshare owner with the right to occupy any specific
   81  timeshare unit but merely provides the timeshare owner with the
   82  opportunity to exchange a timeshare interest through an exchange
   83  program is a service charge and not subject to taxation under
   84  this section.
   85         b. Consideration paid for the purchase of a timeshare
   86  license in a timeshare plan, as defined in s. 721.05, is rent
   87  subject to taxation under this section.
   88         Section 3. Subsection (1) of section 212.03, Florida
   89  Statutes, is amended to read:
   90         212.03 Transient rentals tax; rate, procedure, enforcement,
   91  exemptions.—
   92         (1)(a) It is hereby declared to be the legislative intent
   93  that every person is exercising a taxable privilege who engages
   94  in the business of renting, leasing, letting, or granting a
   95  license to use any living quarters or sleeping or housekeeping
   96  accommodations in, from, or a part of, or in connection with any
   97  hotel, apartment house, roominghouse, or tourist or trailer
   98  camp, mobile home park, recreational vehicle park, condominium,
   99  or timeshare resort. However, any person who rents, leases,
  100  lets, or grants a license to others to use, occupy, or enter
  101  upon any living quarters or sleeping or housekeeping
  102  accommodations in any apartment house houses, roominghouse
  103  roominghouses, tourist camp camps, or trailer camp camps, mobile
  104  home park, recreational vehicle park, condominium, or timeshare
  105  resort and who exclusively enters into a bona fide written
  106  agreement for continuous residence for longer than 6 months in
  107  duration at such property is not exercising a taxable privilege.
  108  For the exercise of such taxable privilege, a tax is hereby
  109  levied in an amount equal to 6 percent of and on the total
  110  rental charged for such living quarters or sleeping or
  111  housekeeping accommodations by the person charging or collecting
  112  the rental. Such tax shall apply to hotels, apartment houses,
  113  roominghouses, or tourist or trailer camps, mobile home parks,
  114  recreational vehicle parks, condominiums, or timeshare resorts,
  115  whether or not these facilities have there is in connection with
  116  any of the same any dining rooms, cafes, or other places where
  117  meals or lunches are sold or served to guests.
  118         (b)1. Tax shall be due on the consideration paid for
  119  occupancy in the county pursuant to a regulated short-term
  120  product, as defined in s. 721.05, or occupancy in the county
  121  pursuant to a product that would be deemed a regulated short
  122  term product if the agreement to purchase the short-term right
  123  were executed in this state. Such tax shall be collected on the
  124  last day of occupancy within the county unless such
  125  consideration is applied to the purchase of a timeshare estate.
  126  The occupancy of an accommodation of a timeshare resort pursuant
  127  to a timeshare plan, a multisite timeshare plan, or an exchange
  128  transaction in an exchange program, as defined in s. 721.05, by
  129  the owner of a timeshare interest or such owner's guest, which
  130  guest is not paying monetary consideration to the owner or to a
  131  third party for the benefit of the owner, is not a privilege
  132  subject to taxation under this section. A membership or
  133  transaction fee paid by a timeshare owner that does not provide
  134  the timeshare owner with the right to occupy any specific
  135  timeshare unit but merely provides the timeshare owner with the
  136  opportunity to exchange a timeshare interest through an exchange
  137  program is a service charge and not subject to taxation under
  138  this section.
  139         2. Consideration paid for the purchase of a timeshare
  140  license in a timeshare plan, as defined in s. 721.05, is rent
  141  subject to taxation under this section.
  142         Section 4. Paragraph (a) of subsection (3) of section
  143  212.0305, Florida Statutes, is amended to read:
  144         212.0305 Convention development taxes; intent;
  145  administration; authorization; use of proceeds.—
  146         (3) APPLICATION; ADMINISTRATION; PENALTIES.—
  147         (a)1. The convention development tax on transient rentals
  148  imposed by the governing body of any county authorized to so
  149  levy shall apply to the amount of any payment made by any person
  150  to rent, lease, or use for a period of 6 months or less any
  151  living quarters or accommodations in a hotel, apartment hotel,
  152  motel, resort motel, apartment, apartment motel, roominghouse,
  153  tourist or trailer camp, mobile home park, recreational vehicle
  154  park, or condominium, or timeshare resort. When receipt of
  155  consideration is by way of property other than money, the tax
  156  shall be levied and imposed on the fair market value of such
  157  nonmonetary consideration. Any payment made by a person to rent,
  158  lease, or use any living quarters or accommodations which are
  159  exempt from the tax imposed under s. 212.03 shall likewise be
  160  exempt from any tax imposed under this section.
  161         2.a.Tax shall be due on the consideration paid for
  162  occupancy in the county pursuant to a regulated short-term
  163  product, as defined in s. 721.05, or occupancy in the county
  164  pursuant to a product that would be deemed a regulated short
  165  term product if the agreement to purchase the short-term right
  166  were executed in this state. Such tax shall be collected on the
  167  last day of occupancy within the county unless such
  168  consideration is applied to the purchase of a timeshare estate.
  169  The occupancy of an accommodation of a timeshare resort pursuant
  170  to a timeshare plan, a multisite timeshare plan, or an exchange
  171  transaction in an exchange program, as defined in s. 721.05, by
  172  the owner of a timeshare interest or such owner's guest, which
  173  guest is not paying monetary consideration to the owner or to a
  174  third party for the benefit of the owner, is not a privilege
  175  subject to taxation under this section. A membership or
  176  transaction fee paid by a timeshare owner that does not provide
  177  the timeshare owner with the right to occupy any specific
  178  timeshare unit but merely provides the timeshare owner with the
  179  opportunity to exchange a timeshare interest through an exchange
  180  program is a service charge and not subject to taxation under
  181  this section.
  182         b. Consideration paid for the purchase of a timeshare
  183  license in a timeshare plan, as defined in s. 721.05, is rent
  184  subject to taxation under this section.
  185         Section 5. This act shall take effect July 1, 2009, is
  186  intended to be clarifying and remedial in nature, and does not
  187  provide a basis for assessments of tax, or refunds of tax, for
  188  periods prior to July 1, 2009.