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1/22/2021 <br />Statutes & Constitution :View Statutes : Online Sunshine <br />and existence of any tourist development authority created pursuant to chapter 67-930, Laws of Florida. No county <br />authorized to levy a convention development tax pursuant to s. 212.0305, or to s. 8 of chapter 84-324, Laws of <br />Florida, shall be allowed to levy more than the 2 -percent tax authorized by this section. A county may elect to levy <br />and impose the tourist development tax in a subcounty special district of the county. However, if a county so elects <br />to levy and impose the tax on a subcounty special district basis, the district shall embrace all or a significant <br />contiguous portion of the county, and the county shall assist the Department of Revenue in identifying the rental <br />units subject to tax in the district. <br />(c) The tourist development tax shall be levied, imposed, and set by the governing board of the county at a <br />rate of 1 percent or 2 percent of each dollar and major fraction of each dollar of the total consideration charged <br />for such lease or rental. When receipt of consideration is by way of property other than money, the tax shall be <br />levied and imposed on the fair market value of such nonmonetary consideration. <br />(d) In addition to any 1 -percent or 2 -percent tax imposed under paragraph (c), the governing board of the <br />county may levy, impose, and set an additional 1 percent of each dollar above the tax rate set under paragraph (c) <br />by the extraordinary vote of the governing board for the purposes set forth in subsection (5) or by referendum <br />approval by the registered electors within the county or subcounty special district. No county shall levy, impose, <br />and set the tax authorized under this paragraph unless the county has imposed the 1 -percent or 2 -percent tax <br />authorized under paragraph (c) for a minimum of 3 years prior to the effective date of the levy and imposition of <br />the tax authorized by this paragraph. Revenues raised by the additional tax authorized under this paragraph shall <br />not be used for debt service on or refinancing of existing facilities as specified in subparagraph (5)(a)1. unless <br />approved by a resolution adopted by an extraordinary majority of the total membership of the governing board of <br />the county. If the 1 -percent or 2 -percent tax authorized in paragraph (c) is levied within a subcounty special taxing <br />district, the additional tax authorized in this paragraph shall only be levied therein. The provisions of paragraphs <br />(4)(a) -(d) shall not apply to the adoption of the additional tax authorized in this paragraph. The effective date of <br />the levy and imposition of the tax authorized under this paragraph shall be the first day of the second month <br />following approval of the ordinance by the governing board or the first day of any subsequent month as may be <br />specified in the ordinance. A certified copy of such ordinance shall be furnished by the county to the Department <br />of Revenue within 10 days after approval of such ordinance. <br />(e) The tourist development tax shall be in addition to any other tax imposed pursuant to chapter 212 and in <br />addition to all other taxes and fees and the consideration for the rental or lease. <br />(f) The tourist development tax shall be charged by the person receiving the consideration for the lease or <br />rental, and it shall be collected from the lessee, tenant, or customer at the time of payment of the consideration <br />for such lease or rental. <br />(g) The person receiving the consideration for such rental or lease shall receive, account for, and remit the tax <br />to the Department of Revenue at the time and in the manner provided for persons who collect and remit taxes <br />under s. 212.03. The same duties and privileges imposed by chapter 212 upon dealers in tangible property, <br />respecting the collection and remission of tax; the making of returns; the keeping of books, records, and accounts; <br />and compliance with the rules of the Department of Revenue in the administration of that chapter shall apply to <br />and be binding upon all persons who are subject to the provisions of this section. However, the Department of <br />Revenue may authorize a quarterly return and payment when the tax remitted by the dealer for the preceding <br />quarter did not exceed $25. <br />(h) The Department of Revenue shall keep records showing the amount of taxes collected, which records shall <br />also include records disclosing the amount of taxes collected for and from each county in which the tax authorized <br />by this section is applicable. These records shall be open for inspection during the regular office hours of the <br />Department of Revenue, subject to the provisions of s. 213.053. <br />(i) Collections received by the Department of Revenue from the tax, less costs of administration of this section, <br />shall be paid and returned monthly to the county which imposed the tax, for use by the county in accordance with <br />the provisions of this section. They shall be placed in the county tourist development trust fund of the respective <br />county, which shall be established by each county as a condition precedent to receipt of such funds. 184 <br />www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0125/Sections/0125.0104.html 2/10 <br />