Senate Bill sb2632c1

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    Florida Senate - 2006                           CS for SB 2632

    By the Committee on Transportation; and Senator Webster





    596-2298-06

  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 transferred to the Local Option

  9         Fuel Tax Trust Fund and used for the

10         construction and maintenance of state roads;

11         providing an effective date.

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

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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                           CS for SB 2632
    596-2298-06




 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)  If the ordinance authorizing the imposition of the

27  surcharge is approved by such referendum, a certified copy of

28  the ordinance shall be furnished by the county to the

29  department within 10 days after such approval, but no later

30  than November 16 prior to the effective date. The notice must

31  specify the time period during which the surcharge will be in

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    Florida Senate - 2006                           CS for SB 2632
    596-2298-06




 1  effect and must include a copy of the ordinance and such other

 2  information as the department requires by rule. Failure to

 3  timely provide such notification to the department shall

 4  result in the delay of the effective date for a period of 1

 5  year. The effective date for any county to impose the

 6  surcharge shall be January 1 following the year in which the

 7  ordinance was approved by referendum. A local surcharge may

 8  not terminate on a date other than December 31.

 9         (c)  Any dealer that collects the local surcharge but

10  fails to report surcharge collections by county, as required

11  by paragraph (4)(b), shall have the surcharge proceeds

12  deposited into the Solid Waste Management Trust Fund and then

13  transferred to the Local Option Fuel Tax Trust Fund, which is

14  separate from the county surcharge collection accounts. The

15  department shall distribute funds in this account, less the

16  cost of administration, using a distribution factor determined

17  for each county that levies a surcharge based on the county's

18  latest official population determined pursuant to s. 186.901

19  and multiplied by the amount of funds in the account and

20  available for distribution.

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

22  administration, the proceeds of the local surcharge imposed

23  under paragraph (a) shall be transferred to the Local Option

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

25  and distributed monthly by the department under s.

26  336.025(3)(a)1. or (4)(a). As used in this subsection,

27  "proceeds" of the local surcharge means all funds collected

28  and received by the department under this subsection,

29  including interest and penalties on delinquent surcharges.

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    Florida Senate - 2006                           CS for SB 2632
    596-2298-06




 1         (4)(3)(a)  Except as provided in this section, the

 2  department shall administer, collect, and enforce the

 3  surcharge and local surcharge as provided in this chapter.

 4         (b)  The department shall require dealers to report

 5  surcharge collections according to the county to which the

 6  surcharge and local surcharge was attributed. For purposes of

 7  this section, the surcharge and local surcharge shall be

 8  attributed to the county where the rental agreement was

 9  entered into.

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

11  shall report to the department all surcharge and local

12  surcharge revenues attributed to the county where the rental

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

14  required reporting period. The provisions of this chapter

15  which apply to interest and penalties on delinquent taxes

16  shall apply to the surcharge and local surcharge. The

17  surcharge and local surcharge shall not be included in the

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

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

20  amount collected under this section.

21         (5)(4)  The surcharge and any local surcharge imposed

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

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

24  adjusted, or serviced by the entity providing the replacement

25  motor vehicle.

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

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    Florida Senate - 2006                           CS for SB 2632
    596-2298-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2632

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 4  This CS revises certain administrative and procedural
    requirements recommended by the Department of Revenue to
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