Florida Senate - 2025                                    SB 1420
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-01440B-25                                          20251420__
    1                        A bill to be entitled                      
    2         An act relating to heavy equipment rental recovery
    3         fee; creating s. 212.0607, F.S.; defining terms;
    4         authorizing a heavy equipment rental dealer to charge
    5         and collect a specified recovery fee; requiring the
    6         heavy equipment rental dealer to retain the recovery
    7         fee for a specified purpose; prohibiting the recovery
    8         fee from being charged to certain entities;
    9         prohibiting a recovery fee from being included in any
   10         taxable sales price; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 212.0607, Florida Statutes, is created
   15  to read:
   16         212.0607 Heavy equipment rental recovery fee.—
   17         (1) As used in this section, the term:
   18         (a) “Heavy equipment” means industrial or construction
   19  equipment described under 532412 of the North American Industry
   20  Classification System, as published by the Office of Management
   21  and Budget, Executive Office of the President.
   22         (b) “Heavy equipment rental dealer” means a person or an
   23  entity principally engaged in the business of short-term rentals
   24  or sales of heavy equipment.
   25         (c) “Principally engaged” means more than 50 percent of the
   26  annual revenue of the dealer is derived from the rental of heavy
   27  equipment, including attachments and ancillary equipment.
   28         (d) “Short-term rental” means the rental of a heavy
   29  equipment dealer’s rental property for fewer than 365 days under
   30  an open-ended contract or under a contract with unlimited terms.
   31         (2) A heavy equipment rental dealer may charge and collect
   32  a separately itemized recovery fee of 2 percent of the sales
   33  price, in addition to the sales price of the rented property.
   34  The heavy equipment rental dealer shall retain the full amount
   35  of the recovery fee to pay tangible personal property taxes
   36  imposed on the heavy equipment. The recovery fee provided in
   37  this section may not be charged to the Federal Government, any
   38  federally recognized Indian tribe, any state agency, or any
   39  municipality or county of this state.
   40         (3) A recovery fee charged to a customer by a heavy
   41  equipment rental dealer may not be included in any taxable sales
   42  price for purposes of this chapter.
   43         Section 2. This act shall take effect July 1, 2025.