Florida Senate - 2014                       CS for CS for SB 484
       
       
        
       By the Committees on Appropriations; and Commerce and Tourism;
       and Senators Braynon and Brandes
       
       
       
       
       576-04583-14                                           2014484c2
    1                        A bill to be entitled                      
    2         An act relating to the rental car surcharge; amending
    3         s. 212.0606, F.S.; providing an alternative surcharge
    4         for use of a motor vehicle pursuant to an agreement
    5         with a car-sharing service for less than a specified
    6         number of consecutive hours; defining the term “car
    7         sharing service”; providing applicability; making
    8         technical changes; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 212.0606, Florida Statutes, is amended
   13  to read:
   14         212.0606 Rental car surcharge.—
   15         (1) Except as provided in subsection (2), a surcharge of $2
   16  $2.00 per day or any part of a day is imposed upon the lease or
   17  rental of a motor vehicle licensed for hire and designed to
   18  carry less than nine passengers regardless of whether the such
   19  motor vehicle is licensed in this state Florida. The surcharge
   20  applies to only the first 30 days of the term of a any lease or
   21  rental. The surcharge is subject to all applicable taxes imposed
   22  by this chapter.
   23         (2) A member of a car-sharing service who uses a motor
   24  vehicle as described in subsection (1) for less than 24 hours
   25  pursuant to an agreement with the car-sharing service shall pay
   26  a surcharge of $1 per usage. A member of a car-sharing service
   27  who uses the same motor vehicle for 24 hours or more shall pay a
   28  surcharge of $2 per day or any part of a day as provided in
   29  subsection (1). As used in this subsection, the term “car
   30  sharing service” means a membership-based organization or
   31  business, or division thereof, which requires the payment of an
   32  application or membership fee and provides member access to
   33  motor vehicles:
   34         (a) Only at locations that are not staffed by car-sharing
   35  service personnel employed solely for the purpose of interacting
   36  with car-sharing service members;
   37         (b) Twenty-four hours per day, 7 days per week;
   38         (c) Only through automated means, including, but not
   39  limited to, smartphone applications or electronic membership
   40  cards;
   41         (d) On an hourly basis or for a shorter increment of time;
   42         (e) Without a separate fee for refueling the motor vehicle;
   43         (f) Without a separate fee for minimum financial
   44  responsibility liability insurance; and
   45         (g) Owned or controlled by the car-sharing service or its
   46  affiliates.
   47  
   48  The surcharge imposed under this subsection does not apply to
   49  the lease, rental, or use of a motor vehicle from a location
   50  owned, operated, or leased by or for the benefit of an airport
   51  or airport authority.
   52         (3)(a)(2)(a) Notwithstanding s. the provisions of section
   53  212.20, and less the costs of administration, 80 percent of the
   54  proceeds of this surcharge shall be deposited in the State
   55  Transportation Trust Fund, 15.75 percent of the proceeds of this
   56  surcharge shall be deposited in the Tourism Promotional Trust
   57  Fund created in s. 288.122, and 4.25 percent of the proceeds of
   58  this surcharge shall be deposited in the Florida International
   59  Trade and Promotion Trust Fund. For the purposes of this
   60  subsection, “proceeds” of the surcharge means all funds
   61  collected and received by the department under this section,
   62  including interest and penalties on delinquent surcharges. The
   63  department shall provide the Department of Transportation rental
   64  car surcharge revenue information for the previous state fiscal
   65  year by September 1 of each year.
   66         (b) Notwithstanding any other provision of law, in fiscal
   67  year 2007-2008 and each year thereafter, the proceeds deposited
   68  in the State Transportation Trust Fund shall be allocated on an
   69  annual basis in the Department of Transportation’s work program
   70  to each department district, except the Turnpike District. The
   71  amount allocated to for each district shall be based on upon the
   72  amount of proceeds attributed to the counties within each
   73  respective district.
   74         (4)(3)(a) Except as provided in this section, the
   75  department shall administer, collect, and enforce the surcharge
   76  as provided in this chapter.
   77         (a)(b) The department shall require dealers to report
   78  surcharge collections according to the county to which the
   79  surcharge was attributed. For purposes of this section, the
   80  surcharge shall be attributed to the county where the rental
   81  agreement was entered into.
   82         (b)(c) Dealers who collect the rental car surcharge shall
   83  report to the department all surcharge revenues attributed to
   84  the county where the rental agreement was entered into on a
   85  timely filed return for each required reporting period. The
   86  provisions of this chapter which apply to interest and penalties
   87  on delinquent taxes shall apply to the surcharge. The surcharge
   88  may shall not be included in the calculation of estimated taxes
   89  pursuant to s. 212.11. The dealer’s credit provided in s. 212.12
   90  does shall not apply to any amount collected under this section.
   91         (5)(4) The surcharge imposed by this section does not apply
   92  to a motor vehicle provided at no charge to a person whose motor
   93  vehicle is being repaired, adjusted, or serviced by the entity
   94  providing the replacement motor vehicle.
   95         Section 2. This act shall take effect January 1, 2015.