1 | A bill to be entitled |
2 | An act relating to temporary accommodations; amending s. |
3 | 125.0104, F.S.; expanding authorized uses of tourist |
4 | development tax revenues to include publicly owned |
5 | convention center hotels and appurtenant facilities; |
6 | amending ss. 125.0104, 125.0108, 212.03, and 212.0305, |
7 | F.S.; revising application of provisions imposing certain |
8 | taxes upon consideration paid for occupancy of certain |
9 | timeshare resort products; providing application and |
10 | construction; amending s. 624.605, F.S.; expanding the |
11 | list of entities authorized to offer debt cancellation |
12 | products for purposes of the definition of the term |
13 | "casualty insurance" to include sellers of timeshare |
14 | interests; amending s. 721.05, F.S.; revising a |
15 | definition; amending s. 721.07, F.S.; specifying |
16 | additional information required in certain public offering |
17 | statements for timeshare plans; amending s. 721.20, F.S.; |
18 | requiring resale service providers to provide certain fee |
19 | or cost and listings information to timeshare interest |
20 | owners; specifying that failure to disclose constitutes an |
21 | unfair and deceptive trade practice; providing that |
22 | certain contracts are void and purchasers are entitled to |
23 | refunds of certain moneys; providing severability; |
24 | providing an effective date. |
25 |
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26 | Be It Enacted by the Legislature of the State of Florida: |
27 |
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28 | Section 1. Paragraph (a) of subsection (3) and paragraph |
29 | (a) of subsection (5) of section 125.0104, Florida Statutes, are |
30 | amended to read: |
31 | 125.0104 Tourist development tax; procedure for levying; |
32 | authorized uses; referendum; enforcement.-- |
33 | (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.-- |
34 | (a)1. It is declared to be the intent of the Legislature |
35 | that every person who rents, leases, or lets for consideration |
36 | any living quarters or accommodations in any hotel, apartment |
37 | hotel, motel, resort motel, apartment, apartment motel, |
38 | roominghouse, mobile home park, recreational vehicle park, or |
39 | condominium, or timeshare resort for a term of 6 months or less |
40 | is exercising a privilege which is subject to taxation under |
41 | this section, unless such person rents, leases, or lets for |
42 | consideration any living quarters or accommodations which are |
43 | exempt according to the provisions of chapter 212. |
44 | 2.a. Tax shall be due on the consideration paid for |
45 | occupancy in the county pursuant to a regulated short-term |
46 | product, as defined in s. 721.05, or occupancy in the county |
47 | pursuant to a product that would be deemed a regulated short- |
48 | term product if the agreement to purchase the short-term right |
49 | were executed in this state. Such tax shall be collected on the |
50 | last day of occupancy within the county unless such |
51 | consideration is applied to the purchase of a timeshare estate. |
52 | The occupancy of an accommodation of a timeshare resort pursuant |
53 | to a timeshare plan, a multisite timeshare plan, or an exchange |
54 | transaction in an exchange program, as defined in s. 721.05, by |
55 | the owner of a timeshare interest or such owner's guest, which |
56 | guest is not paying monetary consideration to the owner or to a |
57 | third party for the benefit of the owner, is not a privilege |
58 | subject to taxation under this section. A membership or |
59 | transaction fee paid by a timeshare owner that does not provide |
60 | the timeshare owner with the right to occupy any specific |
61 | timeshare unit but merely provides the timeshare owner with the |
62 | opportunity to exchange a timeshare interest through an exchange |
63 | program is a service charge and not subject to taxation under |
64 | this section. |
65 | b. Consideration paid for the purchase of a timeshare |
66 | license in a timeshare plan, as defined in s. 721.05, is rent |
67 | subject to taxation under this section. |
68 | (5) AUTHORIZED USES OF REVENUE.-- |
69 | (a) All tax revenues received pursuant to this section by |
70 | a county imposing the tourist development tax shall be used by |
71 | that county for the following purposes only: |
72 | 1. To acquire, construct, extend, enlarge, remodel, |
73 | repair, improve, maintain, operate, or promote one or more |
74 | publicly owned and operated convention centers, sports stadiums, |
75 | sports arenas, coliseums, or auditoriums;, or museums that are |
76 | publicly owned and operated or owned and operated by not-for- |
77 | profit organizations and open to the public; or publicly owned |
78 | convention center hotels and appurtenant facilities, including, |
79 | but not limited to, walkways and meeting facilities, within the |
80 | boundaries of the county or subcounty special taxing district in |
81 | which the tax is levied. Tax revenues received pursuant to this |
82 | section may also be used for promotion of zoological parks that |
83 | are publicly owned and operated or owned and operated by not- |
84 | for-profit organizations and open to the public. However, these |
85 | purposes may be implemented through service contracts and leases |
86 | with lessees with sufficient expertise or financial capability |
87 | to operate such facilities; |
88 | 2. To promote and advertise tourism in the State of |
89 | Florida and nationally and internationally; however, if tax |
90 | revenues are expended for an activity, service, venue, or event, |
91 | the activity, service, venue, or event shall have as one of its |
92 | main purposes the attraction of tourists as evidenced by the |
93 | promotion of the activity, service, venue, or event to tourists; |
94 | 3. To fund convention bureaus, tourist bureaus, tourist |
95 | information centers, and news bureaus as county agencies or by |
96 | contract with the chambers of commerce or similar associations |
97 | in the county, which may include any indirect administrative |
98 | costs for services performed by the county on behalf of the |
99 | promotion agency; or |
100 | 4. To finance beach park facilities or beach improvement, |
101 | maintenance, renourishment, restoration, and erosion control, |
102 | including shoreline protection, enhancement, cleanup, or |
103 | restoration of inland lakes and rivers to which there is public |
104 | access as those uses relate to the physical preservation of the |
105 | beach, shoreline, or inland lake or river. However, any funds |
106 | identified by a county as the local matching source for beach |
107 | renourishment, restoration, or erosion control projects included |
108 | in the long-range budget plan of the state's Beach Management |
109 | Plan, pursuant to s. 161.091, or funds contractually obligated |
110 | by a county in the financial plan for a federally authorized |
111 | shore protection project may not be used or loaned for any other |
112 | purpose. In counties of less than 100,000 population, no more |
113 | than 10 percent of the revenues from the tourist development tax |
114 | may be used for beach park facilities. |
115 | Section 2. Paragraph (b) of subsection (1) of section |
116 | 125.0108, Florida Statutes, is amended to read: |
117 | 125.0108 Areas of critical state concern; tourist impact |
118 | tax.-- |
119 | (1) |
120 | (b)1. It is declared to be the intent of the Legislature |
121 | that every person who rents, leases, or lets for consideration |
122 | any living quarters or accommodations in any hotel, apartment |
123 | hotel, motel, resort motel, apartment, apartment motel, |
124 | roominghouse, mobile home park, recreational vehicle park, or |
125 | condominium, or timeshare resort for a term of 6 months or less, |
126 | unless such establishment is exempt from the tax imposed by s. |
127 | 212.03, is exercising a taxable privilege on the proceeds |
128 | therefrom under this section. |
129 | 2.a. Tax shall be due on the consideration paid for |
130 | occupancy in the county pursuant to a regulated short-term |
131 | product, as defined in s. 721.05, or occupancy in the county |
132 | pursuant to a product that would be deemed a regulated short- |
133 | term product if the agreement to purchase the short-term right |
134 | were executed in this state. Such tax shall be collected on the |
135 | last day of occupancy within the county unless such |
136 | consideration is applied to the purchase of a timeshare estate. |
137 | The occupancy of an accommodation of a timeshare resort pursuant |
138 | to a timeshare plan, a multisite timeshare plan, or an exchange |
139 | transaction in an exchange program, as defined in s. 721.05, by |
140 | the owner of a timeshare interest or such owner's guest, which |
141 | guest is not paying monetary consideration to the owner or to a |
142 | third party for the benefit of the owner, is not a privilege |
143 | subject to taxation under this section. A membership or |
144 | transaction fee paid by a timeshare owner that does not provide |
145 | the timeshare owner with the right to occupy any specific |
146 | timeshare unit but merely provides the timeshare owner with the |
147 | opportunity to exchange a timeshare interest through an exchange |
148 | program is a service charge and not subject to taxation under |
149 | this section. |
150 | b. Consideration paid for the purchase of a timeshare |
151 | license in a timeshare plan, as defined in s. 721.05, is rent |
152 | subject to taxation under this section. |
153 | Section 3. Subsection (1) of section 212.03, Florida |
154 | Statutes, is amended to read: |
155 | 212.03 Transient rentals tax; rate, procedure, |
156 | enforcement, exemptions.-- |
157 | (1)(a) It is hereby declared to be the legislative intent |
158 | that every person is exercising a taxable privilege who engages |
159 | in the business of renting, leasing, letting, or granting a |
160 | license to use any living quarters or sleeping or housekeeping |
161 | accommodations in, from, or a part of, or in connection with any |
162 | hotel, apartment house, roominghouse, or tourist or trailer |
163 | camp, mobile home park, recreational vehicle park, condominium, |
164 | or timeshare resort. However, any person who rents, leases, |
165 | lets, or grants a license to others to use, occupy, or enter |
166 | upon any living quarters or sleeping or housekeeping |
167 | accommodations in any apartment house houses, roominghouse |
168 | roominghouses, tourist camp camps, or trailer camp camps, mobile |
169 | home park, recreational vehicle park, condominium, or timeshare |
170 | resort and who exclusively enters into a bona fide written |
171 | agreement for continuous residence for longer than 6 months in |
172 | duration at such property is not exercising a taxable privilege. |
173 | For the exercise of such taxable privilege, a tax is hereby |
174 | levied in an amount equal to 6 percent of and on the total |
175 | rental charged for such living quarters or sleeping or |
176 | housekeeping accommodations by the person charging or collecting |
177 | the rental. Such tax shall apply to hotels, apartment houses, |
178 | roominghouses, or tourist or trailer camps, mobile home parks, |
179 | recreational vehicle parks, condominiums, or timeshare resorts, |
180 | whether or not these facilities have there is in connection with |
181 | any of the same any dining rooms, cafes, or other places where |
182 | meals or lunches are sold or served to guests. |
183 | (b)1. Tax shall be due on the consideration paid for |
184 | occupancy in the county pursuant to a regulated short-term |
185 | product, as defined in s. 721.05, or occupancy in the county |
186 | pursuant to a product that would be deemed a regulated short- |
187 | term product if the agreement to purchase the short-term right |
188 | were executed in this state. Such tax shall be collected on the |
189 | last day of occupancy within the county unless such |
190 | consideration is applied to the purchase of a timeshare estate. |
191 | The occupancy of an accommodation of a timeshare resort pursuant |
192 | to a timeshare plan, a multisite timeshare plan, or an exchange |
193 | transaction in an exchange program, as defined in s. 721.05, by |
194 | the owner of a timeshare interest or such owner's guest, which |
195 | guest is not paying monetary consideration to the owner or to a |
196 | third party for the benefit of the owner, is not a privilege |
197 | subject to taxation under this section. A membership or |
198 | transaction fee paid by a timeshare owner that does not provide |
199 | the timeshare owner with the right to occupy any specific |
200 | timeshare unit but merely provides the timeshare owner with the |
201 | opportunity to exchange a timeshare interest through an exchange |
202 | program is a service charge and not subject to taxation under |
203 | this section. |
204 | 2. Consideration paid for the purchase of a timeshare |
205 | license in a timeshare plan, as defined in s. 721.05, is rent |
206 | subject to taxation under this section. |
207 | Section 4. Paragraph (a) of subsection (3) of section |
208 | 212.0305, Florida Statutes, is amended to read: |
209 | 212.0305 Convention development taxes; intent; |
210 | administration; authorization; use of proceeds.-- |
211 | (3) APPLICATION; ADMINISTRATION; PENALTIES.-- |
212 | (a)1. The convention development tax on transient rentals |
213 | imposed by the governing body of any county authorized to so |
214 | levy shall apply to the amount of any payment made by any person |
215 | to rent, lease, or use for a period of 6 months or less any |
216 | living quarters or accommodations in a hotel, apartment hotel, |
217 | motel, resort motel, apartment, apartment motel, roominghouse, |
218 | tourist or trailer camp, mobile home park, recreational vehicle |
219 | park, or condominium, or timeshare resort. When receipt of |
220 | consideration is by way of property other than money, the tax |
221 | shall be levied and imposed on the fair market value of such |
222 | nonmonetary consideration. Any payment made by a person to rent, |
223 | lease, or use any living quarters or accommodations which are |
224 | exempt from the tax imposed under s. 212.03 shall likewise be |
225 | exempt from any tax imposed under this section. |
226 | 2.a. Tax shall be due on the consideration paid for |
227 | occupancy in the county pursuant to a regulated short-term |
228 | product, as defined in s. 721.05, or occupancy in the county |
229 | pursuant to a product that would be deemed a regulated short- |
230 | term product if the agreement to purchase the short-term right |
231 | were executed in this state. Such tax shall be collected on the |
232 | last day of occupancy within the county unless such |
233 | consideration is applied to the purchase of a timeshare estate. |
234 | The occupancy of an accommodation of a timeshare resort pursuant |
235 | to a timeshare plan, a multisite timeshare plan, or an exchange |
236 | transaction in an exchange program, as defined in s. 721.05, by |
237 | the owner of a timeshare interest or such owner's guest, which |
238 | guest is not paying monetary consideration to the owner or to a |
239 | third party for the benefit of the owner, is not a privilege |
240 | subject to taxation under this section. A membership or |
241 | transaction fee paid by a timeshare owner that does not provide |
242 | the timeshare owner with the right to occupy any specific |
243 | timeshare unit but merely provides the timeshare owner with the |
244 | opportunity to exchange a timeshare interest through an exchange |
245 | program is a service charge and not subject to taxation under |
246 | this section. |
247 | b. Consideration paid for the purchase of a timeshare |
248 | license in a timeshare plan, as defined in s. 721.05, is rent |
249 | subject to taxation under this section. |
250 | Section 5. The amendments to sections 125.0104, 125.0108, |
251 | 212.03, and 212.0305, Florida Statutes, made by this act are |
252 | intended to be clarifying and remedial in nature and do not |
253 | provide a basis for assessments of tax, or refunds of tax, for |
254 | periods prior to July 1, 2009. |
255 | Section 6. Paragraph (r) of subsection (1) of section |
256 | 624.605, Florida Statutes, is amended to read: |
257 | 624.605 "Casualty insurance" defined.-- |
258 | (1) "Casualty insurance" includes: |
259 | (r) Insurance for debt cancellation products.--Insurance |
260 | that a creditor may purchase against the risk of financial loss |
261 | from the use of debt cancellation products with consumer loans |
262 | or leases or retail installment contracts. Insurance for debt |
263 | cancellation products is not liability insurance but shall be |
264 | considered credit insurance only for the purposes of s. |
265 | 631.52(4). |
266 | 1. For purposes of this paragraph, the term "debt |
267 | cancellation products" means loan, lease, or retail installment |
268 | contract terms, or modifications to loan, lease, or retail |
269 | installment contracts, under which a creditor agrees to cancel |
270 | or suspend all or part of a customer's obligation to make |
271 | payments upon the occurrence of specified events and includes, |
272 | but is not limited to, debt cancellation contracts, debt |
273 | suspension agreements, and guaranteed asset protection |
274 | contracts. However, the term "debt cancellation products" does |
275 | not include title insurance as defined in s. 624.608. |
276 | 2. Debt cancellation products may be offered by financial |
277 | institutions, as defined in s. 655.005(1)(h), insured depository |
278 | institutions as defined in 12 U.S.C. s. 1813(c), and |
279 | subsidiaries of such institutions, as provided in the financial |
280 | institutions codes; by sellers as defined in s. 721.05, or by |
281 | the parents, subsidiaries, or affiliated entities of sellers, in |
282 | connection with the sale of timeshare interests;, or by other |
283 | business entities as may be specifically authorized by law, and |
284 | such products shall not constitute insurance for purposes of the |
285 | Florida Insurance Code. |
286 | Section 7. Subsection (17) of section 721.05, Florida |
287 | Statutes, is amended to read: |
288 | 721.05 Definitions.--As used in this chapter, the term: |
289 | (17) "Facility" means any permanent amenity, including any |
290 | structure, furnishing, fixture, equipment, service, improvement, |
291 | or real or personal property, improved or unimproved, other than |
292 | an accommodation of the timeshare plan, which is made available |
293 | to the purchasers of a timeshare plan. The term does not include |
294 | an incidental benefit as defined in this section. |
295 | Section 8. Paragraph (ii) is added to subsection (5) of |
296 | section 721.07, Florida Statutes, to read: |
297 | 721.07 Public offering statement.--Prior to offering any |
298 | timeshare plan, the developer must submit a filed public |
299 | offering statement to the division for approval as prescribed by |
300 | s. 721.03, s. 721.55, or this section. Until the division |
301 | approves such filing, any contract regarding the sale of that |
302 | timeshare plan is subject to cancellation by the purchaser |
303 | pursuant to s. 721.10. |
304 | (5) Every filed public offering statement for a timeshare |
305 | plan which is not a multisite timeshare plan shall contain the |
306 | information required by this subsection. The division is |
307 | authorized to provide by rule the method by which a developer |
308 | must provide such information to the division. |
309 | (ii) A statement that the owner's obligation to pay |
310 | assessments continues for as long as he or she owns the |
311 | timeshare interest and that when a person inherits a timeshare |
312 | interest, that person is responsible for paying those |
313 | assessments. |
314 | Section 9. Subsection (9) is added to section 721.20, |
315 | Florida Statutes, to read: |
316 | 721.20 Licensing requirements; suspension or revocation of |
317 | license; exceptions to applicability; collection of advance fees |
318 | for listings unlawful.-- |
319 | (9)(a) Prior to listing or advertising a timeshare |
320 | interest for resale, a resale service provider shall provide to |
321 | the timeshare interest owner a description of any fees or costs |
322 | relating to the advertising, listing, or sale of the timeshare |
323 | interest that the timeshare interest owner, or any other person, |
324 | must pay to the resale service provider or any third party, when |
325 | such fees or costs are due, and the ratio or percentage of the |
326 | number of listings of timeshare interests for sale versus the |
327 | number of timeshare interests sold by the resale service |
328 | provider for each of the previous 2 calendar years. |
329 | (b) Failure to disclose this information in writing |
330 | constitutes an unfair and deceptive trade practice pursuant to |
331 | chapter 501. Any contract entered into in violation of this |
332 | subsection is void and the purchaser is entitled to a full |
333 | refund of any moneys paid to the resale service provider. |
334 | Section 10. If any provision of this act or the |
335 | application thereof to any person or circumstance is held |
336 | invalid, the invalidity does not affect other provisions or |
337 | applications of the act which can be given effect without the |
338 | invalid provision or application, and to this end the provisions |
339 | of this act are declared severable. |
340 | Section 11. This act shall take effect July 1, 2009. |