1 | A bill to be entitled |
2 | An act relating to timeshare resort taxation; amending ss. |
3 | 125.0104, 125.0108, 212.03, and 212.0305, F.S.; revising |
4 | application of provisions imposing certain taxes upon |
5 | consideration paid for occupancy of certain timeshare |
6 | resort products; providing application and construction; |
7 | providing an effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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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, |
91 | enforcement, 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 shall not |
187 | provide a basis for assessments of tax, or refunds of tax, for |
188 | periods prior to July 1, 2009. |