HB 61

1
A bill to be entitled
2An act relating to timeshare resort taxation; amending ss.
3125.0104, 125.0108, 212.03, and 212.0305, F.S.; revising
4application of provisions imposing certain taxes upon
5consideration paid for occupancy of certain timeshare
6resort products; providing application and construction;
7providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraph (a) of subsection (3) of section
12125.0104, Florida Statutes, is amended to read:
13     125.0104  Tourist development tax; procedure for levying;
14authorized uses; referendum; enforcement.--
15     (3)  TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.--
16     (a)1.  It is declared to be the intent of the Legislature
17that every person who rents, leases, or lets for consideration
18any living quarters or accommodations in any hotel, apartment
19hotel, motel, resort motel, apartment, apartment motel,
20roominghouse, mobile home park, recreational vehicle park, or
21condominium, or timeshare resort for a term of 6 months or less
22is exercising a privilege which is subject to taxation under
23this section, unless such person rents, leases, or lets for
24consideration any living quarters or accommodations which are
25exempt according to the provisions of chapter 212.
26     2.a.  Tax shall be due on the consideration paid for
27occupancy in the county pursuant to a regulated short-term
28product, as defined in s. 721.05, or occupancy in the county
29pursuant to a product that would be deemed a regulated short-
30term product if the agreement to purchase the short-term right
31were executed in this state. Such tax shall be collected on the
32last day of occupancy within the county unless such
33consideration is applied to the purchase of a timeshare estate.
34The occupancy of an accommodation of a timeshare resort pursuant
35to a timeshare plan, a multisite timeshare plan, or an exchange
36transaction in an exchange program, as defined in s. 721.05, by
37the owner of a timeshare interest or such owner's guest, which
38guest is not paying monetary consideration to the owner or to a
39third party for the benefit of the owner, is not a privilege
40subject to taxation under this section. A membership or
41transaction fee paid by a timeshare owner that does not provide
42the timeshare owner with the right to occupy any specific
43timeshare unit but merely provides the timeshare owner with the
44opportunity to exchange a timeshare interest through an exchange
45program is a service charge and not subject to taxation under
46this section.
47     b.  Consideration paid for the purchase of a timeshare
48license in a timeshare plan, as defined in s. 721.05, is rent
49subject to taxation under this section.
50     Section 2.  Paragraph (b) of subsection (1) of section
51125.0108, Florida Statutes, is amended to read:
52     125.0108  Areas of critical state concern; tourist impact
53tax.--
54     (1)
55     (b)1.  It is declared to be the intent of the Legislature
56that every person who rents, leases, or lets for consideration
57any living quarters or accommodations in any hotel, apartment
58hotel, motel, resort motel, apartment, apartment motel,
59roominghouse, mobile home park, recreational vehicle park, or
60condominium, or timeshare resort for a term of 6 months or less,
61unless such establishment is exempt from the tax imposed by s.
62212.03, is exercising a taxable privilege on the proceeds
63therefrom under this section.
64     2.a.  Tax shall be due on the consideration paid for
65occupancy in the county pursuant to a regulated short-term
66product, as defined in s. 721.05, or occupancy in the county
67pursuant to a product that would be deemed a regulated short-
68term product if the agreement to purchase the short-term right
69were executed in this state. Such tax shall be collected on the
70last day of occupancy within the county unless such
71consideration is applied to the purchase of a timeshare estate.
72The occupancy of an accommodation of a timeshare resort pursuant
73to a timeshare plan, a multisite timeshare plan, or an exchange
74transaction in an exchange program, as defined in s. 721.05, by
75the owner of a timeshare interest or such owner's guest, which
76guest is not paying monetary consideration to the owner or to a
77third party for the benefit of the owner, is not a privilege
78subject to taxation under this section. A membership or
79transaction fee paid by a timeshare owner that does not provide
80the timeshare owner with the right to occupy any specific
81timeshare unit but merely provides the timeshare owner with the
82opportunity to exchange a timeshare interest through an exchange
83program is a service charge and not subject to taxation under
84this section.
85     b.  Consideration paid for the purchase of a timeshare
86license in a timeshare plan, as defined in s. 721.05, is rent
87subject to taxation under this section.
88     Section 3.  Subsection (1) of section 212.03, Florida
89Statutes, is amended to read:
90     212.03  Transient rentals tax; rate, procedure,
91enforcement, exemptions.--
92     (1)(a)  It is hereby declared to be the legislative intent
93that every person is exercising a taxable privilege who engages
94in the business of renting, leasing, letting, or granting a
95license to use any living quarters or sleeping or housekeeping
96accommodations in, from, or a part of, or in connection with any
97hotel, apartment house, roominghouse, or tourist or trailer
98camp, mobile home park, recreational vehicle park, condominium,
99or timeshare resort. However, any person who rents, leases,
100lets, or grants a license to others to use, occupy, or enter
101upon any living quarters or sleeping or housekeeping
102accommodations in any apartment house houses, roominghouse
103roominghouses, tourist camp camps, or trailer camp camps, mobile
104home park, recreational vehicle park, condominium, or timeshare
105resort and who exclusively enters into a bona fide written
106agreement for continuous residence for longer than 6 months in
107duration at such property is not exercising a taxable privilege.
108For the exercise of such taxable privilege, a tax is hereby
109levied in an amount equal to 6 percent of and on the total
110rental charged for such living quarters or sleeping or
111housekeeping accommodations by the person charging or collecting
112the rental. Such tax shall apply to hotels, apartment houses,
113roominghouses, or tourist or trailer camps, mobile home parks,
114recreational vehicle parks, condominiums, or timeshare resorts,
115whether or not these facilities have there is in connection with
116any of the same any dining rooms, cafes, or other places where
117meals or lunches are sold or served to guests.
118     (b)1.  Tax shall be due on the consideration paid for
119occupancy in the county pursuant to a regulated short-term
120product, as defined in s. 721.05, or occupancy in the county
121pursuant to a product that would be deemed a regulated short-
122term product if the agreement to purchase the short-term right
123were executed in this state. Such tax shall be collected on the
124last day of occupancy within the county unless such
125consideration is applied to the purchase of a timeshare estate.
126The occupancy of an accommodation of a timeshare resort pursuant
127to a timeshare plan, a multisite timeshare plan, or an exchange
128transaction in an exchange program, as defined in s. 721.05, by
129the owner of a timeshare interest or such owner's guest, which
130guest is not paying monetary consideration to the owner or to a
131third party for the benefit of the owner, is not a privilege
132subject to taxation under this section. A membership or
133transaction fee paid by a timeshare owner that does not provide
134the timeshare owner with the right to occupy any specific
135timeshare unit but merely provides the timeshare owner with the
136opportunity to exchange a timeshare interest through an exchange
137program is a service charge and not subject to taxation under
138this section.
139     2.  Consideration paid for the purchase of a timeshare
140license in a timeshare plan, as defined in s. 721.05, is rent
141subject to taxation under this section.
142     Section 4.  Paragraph (a) of subsection (3) of section
143212.0305, Florida Statutes, is amended to read:
144     212.0305  Convention development taxes; intent;
145administration; authorization; use of proceeds.--
146     (3)  APPLICATION; ADMINISTRATION; PENALTIES.--
147     (a)1.  The convention development tax on transient rentals
148imposed by the governing body of any county authorized to so
149levy shall apply to the amount of any payment made by any person
150to rent, lease, or use for a period of 6 months or less any
151living quarters or accommodations in a hotel, apartment hotel,
152motel, resort motel, apartment, apartment motel, roominghouse,
153tourist or trailer camp, mobile home park, recreational vehicle
154park, or condominium, or timeshare resort. When receipt of
155consideration is by way of property other than money, the tax
156shall be levied and imposed on the fair market value of such
157nonmonetary consideration. Any payment made by a person to rent,
158lease, or use any living quarters or accommodations which are
159exempt from the tax imposed under s. 212.03 shall likewise be
160exempt from any tax imposed under this section.
161     2.a.  Tax shall be due on the consideration paid for
162occupancy in the county pursuant to a regulated short-term
163product, as defined in s. 721.05, or occupancy in the county
164pursuant to a product that would be deemed a regulated short-
165term product if the agreement to purchase the short-term right
166were executed in this state. Such tax shall be collected on the
167last day of occupancy within the county unless such
168consideration is applied to the purchase of a timeshare estate.
169The occupancy of an accommodation of a timeshare resort pursuant
170to a timeshare plan, a multisite timeshare plan, or an exchange
171transaction in an exchange program, as defined in s. 721.05, by
172the owner of a timeshare interest or such owner's guest, which
173guest is not paying monetary consideration to the owner or to a
174third party for the benefit of the owner, is not a privilege
175subject to taxation under this section. A membership or
176transaction fee paid by a timeshare owner that does not provide
177the timeshare owner with the right to occupy any specific
178timeshare unit but merely provides the timeshare owner with the
179opportunity to exchange a timeshare interest through an exchange
180program is a service charge and not subject to taxation under
181this section.
182     b.  Consideration paid for the purchase of a timeshare
183license in a timeshare plan, as defined in s. 721.05, is rent
184subject to taxation under this section.
185     Section 5.  This act shall take effect July 1, 2009, is
186intended to be clarifying and remedial in nature, and shall not
187provide a basis for assessments of tax, or refunds of tax, for
188periods prior to July 1, 2009.


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