Florida Statutes
Fla. Stat. § 202.105 (2025)
Legislative findings and intent.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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202.105 Legislative findings and intent.—
(1) It is declared to be a specific legislative finding that the creation of this chapter fulfills important state interests by reforming the tax laws to provide a fair, efficient, and uniform method for taxing communications services sold in this state. This chapter is essential to the continued economic vitality of this increasingly important industry because it restructures state and local taxes and fees to account for the impact of federal legislation, industry deregulation, and the multitude of providers offering functionally equivalent communications services in today’s marketplace. This chapter promotes the increased competition that accompanies deregulation by embracing a competitively neutral tax policy that will free consumers to choose a provider based on tax-neutral considerations. This chapter further spurs new competition by simplifying an extremely complicated state and local tax and fee system. Simplification will lower the cost of collecting taxes and fees, increase service availability, and place downward pressure on price. Newfound administrative efficiency is demonstrated by a reduction in the number of returns that a provider must file each month. By restructuring separate taxes and fees into a revenue-neutral communications services tax centrally administered by the department, this chapter will ensure that the growth of the industry is unimpaired by excessive governmental regulation. The tax imposed pursuant to this chapter is a replacement for taxes and fees previously imposed and is not a new tax. The taxes imposed and administered pursuant to this chapter are of general application and are imposed in a uniform, consistent, and nondiscriminatory manner.
(2) It is declared to be a specific legislative finding that this chapter will not reduce the authority that municipalities or counties had to raise revenue in the aggregate, as such authority existed on February 1, 1989.
Notes of Decisions
Cited in 2
cases, 2015–2017 · leading case: Florida Dep't of Revenue v. DirecTV, Inc., etc., 215 So. 3d 46 (Fla. 2017).
Florida Dep't of Revenue v. DirecTV, Inc., etc., 215 So. 3d 46 (Fla. 2017). “§ 202.105, Fla. Stat. (2001). There is no evidence from the text of the statute that it was enacted with a discriminatory purpose.”
Directv, Inc., etc. v. State of Florida, Dept. of Revenue (Fla. 1st DCA 2015). “§ 202.105, Fla. Stat., (2001). There is nothing in the language of the chapter implementing the CST that shows a discriminatory purpose.”
— 202.105(1) — 1 case
Florida Dep't of Revenue v. DirecTV, Inc., etc., 215 So. 3d 46 (Fla. 2017). “§ 202.105, Fla. Stat. (2001). There is no evidence from the text of the statute that it was enacted with a discriminatory purpose.”
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