Senate Bill sb2632

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    Florida Senate - 2006                                  SB 2632

    By Senator Webster





    9-1575-06

  1                      A bill to be entitled

  2         An act relating to a surcharge on the rental or

  3         lease of motor vehicles; amending s. 212.0606,

  4         F.S.; providing for the imposition by

  5         countywide referendum of an additional

  6         surcharge on the lease or rental of a motor

  7         vehicle; providing the proceeds of the

  8         surcharge to be deposited in the Local Option

  9         Fuel Tax Trust Fund and used for the

10         construction and maintenance of state roads;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 212.0606, Florida Statutes, is

16  amended to read:

17         212.0606  Rental car surcharge.--

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

19  day is imposed upon the lease or rental of a motor vehicle

20  licensed for hire and designed to carry fewer less than nine

21  passengers, regardless of whether such motor vehicle is

22  licensed in Florida.  The surcharge applies to only the first

23  30 days of the term of any lease or rental and.  The surcharge

24  is subject to all applicable taxes imposed by this chapter.

25         (2)(a)  Notwithstanding the provisions of section

26  212.20, and less costs of administration, 80 percent of the

27  proceeds of the this surcharge imposed under subsection (1)

28  shall be deposited in the State Transportation Trust Fund,

29  15.75 percent of the proceeds of this surcharge shall be

30  deposited in the Tourism Promotional Trust Fund created in s.

31  288.122, and 4.25 percent of the proceeds of this surcharge

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    Florida Senate - 2006                                  SB 2632
    9-1575-06




 1  shall be deposited in the Florida International Trade and

 2  Promotion Trust Fund. As used in For the purposes of this

 3  subsection, "proceeds" of the surcharge means all funds

 4  collected and received by the department under subsection (1)

 5  this section, including interest and penalties on delinquent

 6  surcharges. The department shall provide the Department of

 7  Transportation rental car surcharge revenue information for

 8  the previous state fiscal year by September 1 of each year.

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

10  fiscal year 2007-2008 and each year thereafter, the proceeds

11  deposited in the State Transportation Trust Fund shall be

12  allocated on an annual basis in the Department of

13  Transportation's work program to each department district,

14  except the Turnpike District. The amount allocated for each

15  district shall be based upon the amount of proceeds attributed

16  to the counties within each respective district.

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

18  subsection (1), a county may impose by countywide referendum a

19  local surcharge of $2 per day or any part of a day upon the

20  lease or rental of a motor vehicle licensed for hire and

21  designed to carry fewer than nine passengers, regardless of

22  whether such motor vehicle is licensed in this state. The

23  local surcharge may be applied to only the first 30 days of

24  the term of any lease or rental and is subject to all

25  applicable taxes imposed by this chapter.

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

27  administration, the proceeds of the local surcharge imposed

28  under paragraph (a) shall be deposited in the Local Option

29  Fuel Tax Trust Fund for the purposes allowed under s. 206.60

30  and distributed monthly by the department under the provisions

31  ,f s. 336.025(3)(a)1. As used in this subsection, "proceeds"

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    Florida Senate - 2006                                  SB 2632
    9-1575-06




 1  of the local surcharge means all funds collected and received

 2  by the department under this subsection, including interest

 3  and penalties on delinquent surcharges.

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

 5  department shall administer, collect, and enforce the

 6  surcharge and local surcharge as provided in this chapter.

 7         (b)  The department shall require dealers to report

 8  surcharge collections according to the county to which the

 9  surcharge and local surcharge was attributed. For purposes of

10  this section, the surcharge and local surcharge shall be

11  attributed to the county where the rental agreement was

12  entered into.

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

14  shall report to the department all surcharge and local

15  surcharge revenues attributed to the county where the rental

16  agreement was entered into on a timely filed return for each

17  required reporting period. The provisions of this chapter

18  which apply to interest and penalties on delinquent taxes

19  shall apply to the surcharge and local surcharge. The

20  surcharge and local surcharge shall not be included in the

21  calculation of estimated taxes pursuant to s. 212.11.  The

22  dealer's credit provided in s. 212.12 shall not apply to any

23  amount collected under this section.

24         (5)(4)  The surcharge and any local surcharge imposed

25  by this section does not apply to a motor vehicle provided at

26  no charge to a person whose motor vehicle is being repaired,

27  adjusted, or serviced by the entity providing the replacement

28  motor vehicle.

29         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                                  SB 2632
    9-1575-06




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 2                          SENATE SUMMARY

 3    Provides for imposition of an additional surcharge on the
      lease or rental of a motor vehicle by a countywide
 4    referendum. Requires that the proceeds of the surcharge
      be deposited in the Local Option Fuel Tax Trust Fund.
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