Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 484
       
       
       
       
       
       
                                Ì574314ÈÎ574314                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2014           .                                
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       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 212.0606, Florida Statutes, is amended
    6  to read:
    7         212.0606 Rental car surcharge.—
    8         (1) Except as provided in subsection (2), a surcharge of $2
    9  $2.00 per day or any part of a day is imposed upon the lease or
   10  rental of a motor vehicle licensed for hire and designed to
   11  carry less than nine passengers regardless of whether the such
   12  motor vehicle is licensed in this state Florida. The surcharge
   13  applies to only the first 30 days of the term of a any lease or
   14  rental. The surcharge is subject to all applicable taxes imposed
   15  by this chapter.
   16         (2) A member of a car-sharing service who uses a motor
   17  vehicle as described in subsection (1) for less than 24 hours
   18  pursuant to an agreement with the car-sharing service shall pay
   19  a surcharge of $1 per usage. A member of a car-sharing service
   20  who uses the same motor vehicle for 24 hours or more shall pay a
   21  surcharge of $2 per day or any part of a day as provided in
   22  subsection (1). As used in this subsection, the term “car
   23  sharing service” means a membership-based organization or
   24  business, or division thereof, which requires the payment of an
   25  application or membership fee and provides member access to
   26  motor vehicles:
   27         (a) Only at locations that are not staffed by car-sharing
   28  service personnel employed solely for the purpose of interacting
   29  with car-sharing service members;
   30         (b) Twenty-four hours per day, 7 days per week;
   31         (c) Only through automated means, including, but not
   32  limited to, smartphone applications or electronic membership
   33  cards;
   34         (d) On an hourly basis or for a shorter increment of time;
   35         (e) Without a separate fee for refueling the motor vehicle;
   36         (f) Without a separate fee for minimum financial
   37  responsibility liability insurance; and
   38         (g) Owned or controlled by the car-sharing service or its
   39  affiliates.
   40  
   41  The surcharge imposed under this subsection does not apply to
   42  the lease, rental, or use of a motor vehicle from a location
   43  owned, operated, or leased by or for the benefit of an airport
   44  or airport authority.
   45         (3)(a)(2)(a) Notwithstanding s. the provisions of section
   46  212.20, and less the costs of administration, 80 percent of the
   47  proceeds of this surcharge shall be deposited in the State
   48  Transportation Trust Fund, 15.75 percent of the proceeds of this
   49  surcharge shall be deposited in the Tourism Promotional Trust
   50  Fund created in s. 288.122, and 4.25 percent of the proceeds of
   51  this surcharge shall be deposited in the Florida International
   52  Trade and Promotion Trust Fund. For the purposes of this
   53  subsection, “proceeds” of the surcharge means all funds
   54  collected and received by the department under this section,
   55  including interest and penalties on delinquent surcharges. The
   56  department shall provide the Department of Transportation rental
   57  car surcharge revenue information for the previous state fiscal
   58  year by September 1 of each year.
   59         (b) Notwithstanding any other provision of law, in fiscal
   60  year 2007-2008 and each year thereafter, the proceeds deposited
   61  in the State Transportation Trust Fund shall be allocated on an
   62  annual basis in the Department of Transportation’s work program
   63  to each department district, except the Turnpike District. The
   64  amount allocated to for each district shall be based on upon the
   65  amount of proceeds attributed to the counties within each
   66  respective district.
   67         (4)(3)(a) Except as provided in this section, the
   68  department shall administer, collect, and enforce the surcharge
   69  as provided in this chapter.
   70         (a)(b) The department shall require dealers to report
   71  surcharge collections according to the county to which the
   72  surcharge was attributed. For purposes of this section, the
   73  surcharge shall be attributed to the county where the rental
   74  agreement was entered into.
   75         (b)(c) Dealers who collect the rental car surcharge shall
   76  report to the department all surcharge revenues attributed to
   77  the county where the rental agreement was entered into on a
   78  timely filed return for each required reporting period. The
   79  provisions of this chapter which apply to interest and penalties
   80  on delinquent taxes shall apply to the surcharge. The surcharge
   81  may shall not be included in the calculation of estimated taxes
   82  pursuant to s. 212.11. The dealer’s credit provided in s. 212.12
   83  does shall not apply to any amount collected under this section.
   84         (5)(4) The surcharge imposed by this section does not apply
   85  to a motor vehicle provided at no charge to a person whose motor
   86  vehicle is being repaired, adjusted, or serviced by the entity
   87  providing the replacement motor vehicle.
   88         Section 2. This act shall take effect January 1, 2015.
   89  
   90  ================= T I T L E  A M E N D M E N T ================
   91  And the title is amended as follows:
   92         Delete everything before the enacting clause
   93  and insert:
   94                        A bill to be entitled                      
   95         An act relating to the rental car surcharge; amending
   96         s. 212.0606, F.S.; providing an alternative surcharge
   97         for use of a motor vehicle pursuant to an agreement
   98         with a car-sharing service for less than a specified
   99         number of consecutive hours; defining the term “car
  100         sharing service”; providing applicability; making
  101         technical changes; providing an effective date.