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Florida Statute 212.05 | Lawyer Caselaw & Research
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The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XIV
TAXATION AND FINANCE
Chapter 212
TAX ON SALES, USE, AND OTHER TRANSACTIONS
View Entire Chapter
F.S. 212.05
1212.05 Sales, storage, use tax.—It is hereby declared to be the legislative intent that every person is exercising a taxable privilege who engages in the business of selling tangible personal property at retail in this state, including the business of making or facilitating remote sales; who rents or furnishes any of the things or services taxable under this chapter; or who stores for use or consumption in this state any item or article of tangible personal property as defined herein and who leases or rents such property within the state.
(1) For the exercise of such privilege, a tax is levied on each taxable transaction or incident, which tax is due and payable as follows:
2(a)1.a. At the rate of 6 percent of the sales price of each item or article of tangible personal property when sold at retail in this state, computed on each taxable sale for the purpose of remitting the amount of tax due the state, and including each and every retail sale.
b. Each occasional or isolated sale of an aircraft, boat, mobile home, or motor vehicle of a class or type which is required to be registered, licensed, titled, or documented in this state or by the United States Government shall be subject to tax at the rate provided in this paragraph. The department shall by rule adopt any nationally recognized publication for valuation of used motor vehicles as the reference price list for any used motor vehicle which is required to be licensed pursuant to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any party to an occasional or isolated sale of such a vehicle reports to the tax collector a sales price which is less than 80 percent of the average loan price for the specified model and year of such vehicle as listed in the most recent reference price list, the tax levied under this paragraph shall be computed by the department on such average loan price unless the parties to the sale have provided to the tax collector an affidavit signed by each party, or other substantial proof, stating the actual sales price. Any party to such sale who reports a sales price less than the actual sales price is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. The department shall collect or attempt to collect from such party any delinquent sales taxes. In addition, such party shall pay any tax due and any penalty and interest assessed plus a penalty equal to twice the amount of the additional tax owed. Notwithstanding any other provision of law, the Department of Revenue may waive or compromise any penalty imposed pursuant to this subparagraph.
2. This paragraph does not apply to the sale of a boat or aircraft by or through a registered dealer under this chapter to a purchaser who, at the time of taking delivery, is a nonresident of this state, does not make his or her permanent place of abode in this state, and is not engaged in carrying on in this state any employment, trade, business, or profession in which the boat or aircraft will be used in this state, or is a corporation none of the officers or directors of which is a resident of, or makes his or her permanent place of abode in, this state, or is a noncorporate entity that has no individual vested with authority to participate in the management, direction, or control of the entity’s affairs who is a resident of, or makes his or her permanent abode in, this state. For purposes of this exemption, either a registered dealer acting on his or her own behalf as seller, a registered dealer acting as broker on behalf of a seller, or a registered dealer acting as broker on behalf of the purchaser may be deemed to be the selling dealer. This exemption shall not be allowed unless:
a. The purchaser removes a qualifying boat, as described in sub-subparagraph f., from the state within 90 days after the date of purchase or extension, or the purchaser removes a nonqualifying boat or an aircraft from this state within 10 days after the date of purchase or, when the boat or aircraft is repaired or altered, within 20 days after completion of the repairs or alterations; or if the aircraft will be registered in a foreign jurisdiction and:
(I) Application for the aircraft’s registration is properly filed with a civil airworthiness authority of a foreign jurisdiction within 10 days after the date of purchase;
(II) The purchaser removes the aircraft from the state to a foreign jurisdiction within 10 days after the date the aircraft is registered by the applicable foreign airworthiness authority; and
(III) The aircraft is operated in the state solely to remove it from the state to a foreign jurisdiction.

For purposes of this sub-subparagraph, the term “foreign jurisdiction” means any jurisdiction outside of the United States or any of its territories;

b. The purchaser, within 90 days from the date of departure, provides the department with written proof that the purchaser licensed, registered, titled, or documented the boat or aircraft outside the state. If such written proof is unavailable, within 90 days the purchaser shall provide proof that the purchaser applied for such license, title, registration, or documentation. The purchaser shall forward to the department proof of title, license, registration, or documentation upon receipt;
c. The purchaser, within 30 days after removing the boat or aircraft from Florida, furnishes the department with proof of removal in the form of receipts for fuel, dockage, slippage, tie-down, or hangaring from outside of Florida. The information so provided must clearly and specifically identify the boat or aircraft;
d. The selling dealer, within 30 days after the date of sale, provides to the department a copy of the sales invoice, closing statement, bills of sale, and the original affidavit signed by the purchaser attesting that he or she has read the provisions of this section;
e. The seller makes a copy of the affidavit a part of his or her record for as long as required by s. 213.35; and
f. Unless the nonresident purchaser of a boat of 5 net tons of admeasurement or larger intends to remove the boat from this state within 10 days after the date of purchase or when the boat is repaired or altered, within 20 days after completion of the repairs or alterations, the nonresident purchaser applies to the selling dealer for a decal which authorizes 90 days after the date of purchase for removal of the boat. The nonresident purchaser of a qualifying boat may apply to the selling dealer within 60 days after the date of purchase for an extension decal that authorizes the boat to remain in this state for an additional 90 days, but not more than a total of 180 days, before the nonresident purchaser is required to pay the tax imposed by this chapter. The department is authorized to issue decals in advance to dealers. The number of decals issued in advance to a dealer shall be consistent with the volume of the dealer’s past sales of boats which qualify under this sub-subparagraph. The selling dealer or his or her agent shall mark and affix the decals to qualifying boats in the manner prescribed by the department, before delivery of the boat.
(I) The department is hereby authorized to charge dealers a fee sufficient to recover the costs of decals issued, except the extension decal shall cost $425.
(II) The proceeds from the sale of decals will be deposited into the administrative trust fund.
(III) Decals shall display information to identify the boat as a qualifying boat under this sub-subparagraph, including, but not limited to, the decal’s date of expiration.
(IV) The department is authorized to require dealers who purchase decals to file reports with the department and may prescribe all necessary records by rule. All such records are subject to inspection by the department.
(V) Any dealer or his or her agent who issues a decal falsely, fails to affix a decal, mismarks the expiration date of a decal, or fails to properly account for decals will be considered prima facie to have committed a fraudulent act to evade the tax and will be liable for payment of the tax plus a mandatory penalty of 200 percent of the tax, and shall be liable for fine and punishment as provided by law for a conviction of a misdemeanor of the first degree, as provided in s. 775.082 or s. 775.083.
(VI) Any nonresident purchaser of a boat who removes a decal before permanently removing the boat from the state, or defaces, changes, modifies, or alters a decal in a manner affecting its expiration date before its expiration, or who causes or allows the same to be done by another, will be considered prima facie to have committed a fraudulent act to evade the tax and will be liable for payment of the tax plus a mandatory penalty of 200 percent of the tax, and shall be liable for fine and punishment as provided by law for a conviction of a misdemeanor of the first degree, as provided in s. 775.082 or s. 775.083.
(VII) The department is authorized to adopt rules necessary to administer and enforce this subparagraph and to publish the necessary forms and instructions.
(VIII) The department is hereby authorized to adopt emergency rules pursuant to s. 120.54(4) to administer and enforce the provisions of this subparagraph.

If the purchaser fails to remove the qualifying boat from this state within the maximum 180 days after purchase or a nonqualifying boat or an aircraft from this state within 10 days after purchase or, when the boat or aircraft is repaired or altered, within 20 days after completion of such repairs or alterations, or permits the boat or aircraft to return to this state within 6 months from the date of departure, except as provided in s. 212.08(7)(fff), or if the purchaser fails to furnish the department with any of the documentation required by this subparagraph within the prescribed time period, the purchaser shall be liable for use tax on the cost price of the boat or aircraft and, in addition thereto, payment of a penalty to the Department of Revenue equal to the tax payable. This penalty shall be in lieu of the penalty imposed by s. 212.12(2). The maximum 180-day period following the sale of a qualifying boat tax-exempt to a nonresident may not be tolled for any reason.

(b) At the rate of 6 percent of the cost price of each item or article of tangible personal property when the same is not sold but is used, consumed, distributed, or stored for use or consumption in this state; however, for tangible property originally purchased exempt from tax for use exclusively for lease and which is converted to the owner’s own use, tax may be paid on the fair market value of the property at the time of conversion. If the fair market value of the property cannot be determined, use tax at the time of conversion shall be based on the owner’s acquisition cost. Under no circumstances may the aggregate amount of sales tax from leasing the property and use tax due at the time of conversion be less than the total sales tax that would have been due on the original acquisition cost paid by the owner.
(c) At the rate of 6 percent of the gross proceeds derived from the lease or rental of tangible personal property, as defined herein; however, the following special provisions apply to the lease or rental of motor vehicles and to peer-to-peer car-sharing programs:
1. When a motor vehicle is leased or rented by a motor vehicle rental company or through a peer-to-peer car-sharing program as those terms are defined in s. 212.0606(1) for a period of less than 12 months:
a. If the motor vehicle is rented in Florida, the entire amount of such rental is taxable, even if the vehicle is dropped off in another state.
b. If the motor vehicle is rented in another state and dropped off in Florida, the rental is exempt from Florida tax.
c. If the motor vehicle is rented through a peer-to-peer car-sharing program, the peer-to-peer car-sharing program shall collect and remit the applicable tax due in connection with the rental.
2. Except as provided in subparagraph 3., for the lease or rental of a motor vehicle for a period of not less than 12 months, sales tax is due on the lease or rental payments if the vehicle is registered in this state; provided, however, that no tax shall be due if the taxpayer documents use of the motor vehicle outside this state and tax is being paid on the lease or rental payments in another state.
3. The tax imposed by this chapter does not apply to the lease or rental of a commercial motor vehicle as defined in s. 316.003(14)(a) to one lessee or rentee for a period of not less than 12 months when tax was paid on the purchase price of such vehicle by the lessor. To the extent tax was paid with respect to the purchase of such vehicle in another state, territory of the United States, or the District of Columbia, the Florida tax payable shall be reduced in accordance with s. 212.06(7). This subparagraph shall only be available when the lease or rental of such property is an established business or part of an established business or the same is incidental or germane to such business.
(d) At the rate of 6 percent of the lease or rental price paid by a lessee or rentee, or contracted or agreed to be paid by a lessee or rentee, to the owner of the tangible personal property.
3(e)1. At the rate of 6 percent on charges for:
a. Prepaid calling arrangements. The tax on charges for prepaid calling arrangements shall be collected at the time of sale and remitted by the selling dealer.
(I) “Prepaid calling arrangement” has the same meaning as provided in s. 202.11.
(II) If the sale or recharge of the prepaid calling arrangement does not take place at the dealer’s place of business, it shall be deemed to have taken place at the customer’s shipping address or, if no item is shipped, at the customer’s address or the location associated with the customer’s mobile telephone number.
(III) The sale or recharge of a prepaid calling arrangement shall be treated as a sale of tangible personal property for purposes of this chapter, regardless of whether a tangible item evidencing such arrangement is furnished to the purchaser, and such sale within this state subjects the selling dealer to the jurisdiction of this state for purposes of this subsection.
(IV) No additional tax under this chapter or chapter 202 is due or payable if a purchaser of a prepaid calling arrangement who has paid tax under this chapter on the sale or recharge of such arrangement applies one or more units of the prepaid calling arrangement to obtain communications services as described in s. 202.11(9)(b)3., other services that are not communications services, or products.
b. The installation of telecommunication and telegraphic equipment.
c. Electrical power or energy, except that the tax rate for charges for electrical power or energy is 4.35 percent. Charges for electrical power and energy do not include taxes imposed under ss. 166.231 and 203.01(1)(a)3.
2. Section 212.17(3), regarding credit for tax paid on charges subsequently found to be worthless, is equally applicable to any tax paid under this section on charges for prepaid calling arrangements, telecommunication or telegraph services, or electric power subsequently found to be uncollectible. As used in this paragraph, the term “charges” does not include any excise or similar tax levied by the Federal Government, a political subdivision of this state, or a municipality upon the purchase, sale, or recharge of prepaid calling arrangements or upon the purchase or sale of telecommunication, television system program, or telegraph service or electric power, which tax is collected by the seller from the purchaser.
(f) At the rate of 6 percent on the sale, rental, use, consumption, or storage for use in this state of machines and equipment, and parts and accessories therefor, used in manufacturing, processing, compounding, producing, mining, or quarrying personal property for sale or to be used in furnishing communications, transportation, or public utility services.
(g)1. At the rate of 6 percent on the retail price of newspapers and magazines sold or used in Florida.
2. Notwithstanding other provisions of this chapter, inserts of printed materials which are distributed with a newspaper or magazine are a component part of the newspaper or magazine, and neither the sale nor use of such inserts is subject to tax when:
a. Printed by a newspaper or magazine publisher or commercial printer and distributed as a component part of a newspaper or magazine, which means that the items after being printed are delivered directly to a newspaper or magazine publisher by the printer for inclusion in editions of the distributed newspaper or magazine;
b. Such publications are labeled as part of the designated newspaper or magazine publication into which they are to be inserted; and
c. The purchaser of the insert presents a resale certificate to the vendor stating that the inserts are to be distributed as a component part of a newspaper or magazine.
(h)1. A tax is imposed at the rate of 4 percent on the charges for the use of coin-operated amusement machines. The tax shall be calculated by dividing the gross receipts from such charges for the applicable reporting period by a divisor, determined as provided in this subparagraph, to compute gross taxable sales, and then subtracting gross taxable sales from gross receipts to arrive at the amount of tax due. For counties that do not impose a discretionary sales surtax, the divisor is equal to 1.04; for counties that impose a 0.5 percent discretionary sales surtax, the divisor is equal to 1.045; for counties that impose a 1 percent discretionary sales surtax, the divisor is equal to 1.050; and for counties that impose a 2 percent sales surtax, the divisor is equal to 1.060. If a county imposes a discretionary sales surtax that is not listed in this subparagraph, the department shall make the applicable divisor available in an electronic format or otherwise. Additional divisors shall bear the same mathematical relationship to the next higher and next lower divisors as the new surtax rate bears to the next higher and next lower surtax rates for which divisors have been established. When a machine is activated by a slug, token, coupon, or any similar device which has been purchased, the tax is on the price paid by the user of the device for such device.
2. As used in this paragraph, the term “operator” means any person who possesses a coin-operated amusement machine for the purpose of generating sales through that machine and who is responsible for removing the receipts from the machine.
a. If the owner of the machine is also the operator of it, he or she shall be liable for payment of the tax without any deduction for rent or a license fee paid to a location owner for the use of any real property on which the machine is located.
b. If the owner or lessee of the machine is also its operator, he or she shall be liable for payment of the tax on the purchase or lease of the machine, as well as the tax on sales generated through the machine.
c. If the proprietor of the business where the machine is located does not own the machine, he or she shall be deemed to be the lessee and operator of the machine and is responsible for the payment of the tax on sales, unless such responsibility is otherwise provided for in a written agreement between him or her and the machine owner.
3.a. An operator of a coin-operated amusement machine may not operate or cause to be operated in this state any such machine until the operator has registered with the department and has conspicuously displayed an identifying certificate issued by the department. The identifying certificate shall be issued by the department upon application from the operator. The identifying certificate shall include a unique number, and the certificate shall be permanently marked with the operator’s name, the operator’s sales tax number, and the maximum number of machines to be operated under the certificate. An identifying certificate shall not be transferred from one operator to another. The identifying certificate must be conspicuously displayed on the premises where the coin-operated amusement machines are being operated.
b. The operator of the machine must obtain an identifying certificate before the machine is first operated in the state and by July 1 of each year thereafter. The annual fee for each certificate shall be based on the number of machines identified on the application times $30 and is due and payable upon application for the identifying device. The application shall contain the operator’s name, sales tax number, business address where the machines are being operated, and the number of machines in operation at that place of business by the operator. No operator may operate more machines than are listed on the certificate. A new certificate is required if more machines are being operated at that location than are listed on the certificate. The fee for the new certificate shall be based on the number of additional machines identified on the application form times $30.
c. A penalty of $250 per machine is imposed on the operator for failing to properly obtain and display the required identifying certificate. A penalty of $250 is imposed on the lessee of any machine placed in a place of business without a proper current identifying certificate. Such penalties shall apply in addition to all other applicable taxes, interest, and penalties.
d. Operators of coin-operated amusement machines must obtain a separate sales and use tax certificate of registration for each county in which such machines are located. One sales and use tax certificate of registration is sufficient for all of the operator’s machines within a single county.
4. The provisions of this paragraph do not apply to coin-operated amusement machines owned and operated by churches or synagogues.
5. In addition to any other penalties imposed by this chapter, a person who knowingly and willfully violates any provision of this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
6. The department may adopt rules necessary to administer the provisions of this paragraph.
(i)1. At the rate of 6 percent on charges for all:
a. Detective, burglar protection, and other protection services (NAICS National Numbers 561611, 561612, 561613, and 561621). Fingerprint services required under s. 790.06 or s. 790.062 are not subject to the tax. Any law enforcement officer, as defined in s. 943.10, who is performing approved duties as determined by his or her local law enforcement agency in his or her capacity as a law enforcement officer, and who is subject to the direct and immediate command of his or her law enforcement agency, and in the law enforcement officer’s uniform as authorized by his or her law enforcement agency, is performing law enforcement and public safety services and is not performing detective, burglar protection, or other protective services, if the law enforcement officer is performing his or her approved duties in a geographical area in which the law enforcement officer has arrest jurisdiction. Such law enforcement and public safety services are not subject to tax irrespective of whether the duty is characterized as “extra duty,” “off-duty,” or “secondary employment,” and irrespective of whether the officer is paid directly or through the officer’s agency by an outside source. The term “law enforcement officer” includes full-time or part-time law enforcement officers, and any auxiliary law enforcement officer, when such auxiliary law enforcement officer is working under the direct supervision of a full-time or part-time law enforcement officer.
b. Nonresidential cleaning, excluding cleaning of the interiors of transportation equipment, and nonresidential building pest control services (NAICS National Numbers 561710 and 561720).
2. As used in this paragraph, “NAICS” means those classifications contained in the North American Industry Classification System, as published in 2007 by the Office of Management and Budget, Executive Office of the President.
3. Charges for detective, burglar protection, and other protection security services performed in this state but used outside this state are exempt from taxation. Charges for detective, burglar protection, and other protection security services performed outside this state and used in this state are subject to tax.
4. If a transaction involves both the sale or use of a service taxable under this paragraph and the sale or use of a service or any other item not taxable under this chapter, the consideration paid must be separately identified and stated with respect to the taxable and exempt portions of the transaction or the entire transaction shall be presumed taxable. The burden shall be on the seller of the service or the purchaser of the service, whichever applicable, to overcome this presumption by providing documentary evidence as to which portion of the transaction is exempt from tax. The department is authorized to adjust the amount of consideration identified as the taxable and exempt portions of the transaction; however, a determination that the taxable and exempt portions are inaccurately stated and that the adjustment is applicable must be supported by substantial competent evidence.
5. Each seller of services subject to sales tax pursuant to this paragraph shall maintain a monthly log showing each transaction for which sales tax was not collected because the services meet the requirements of subparagraph 3. for out-of-state use. The log must identify the purchaser’s name, location and mailing address, and federal employer identification number, if a business, or the social security number, if an individual, the service sold, the price of the service, the date of sale, the reason for the exemption, and the sales invoice number. The monthly log shall be maintained pursuant to the same requirements and subject to the same penalties imposed for the keeping of similar records pursuant to this chapter.
(j)1. Notwithstanding any other provision of this chapter, there is hereby levied a tax on the sale, use, consumption, or storage for use in this state of any coin or currency, whether in circulation or not, when such coin or currency:
a. Is not legal tender;
b. If legal tender, is sold, exchanged, or traded at a rate in excess of its face value; or
c. Is sold, exchanged, or traded at a rate based on its precious metal content.
2. Such tax shall be at a rate of 6 percent of the price at which the coin or currency is sold, exchanged, or traded, except that, with respect to a coin or currency which is legal tender of the United States and which is sold, exchanged, or traded, such tax shall not be levied.
3. There are exempt from this tax exchanges of coins or currency which are in general circulation in, and legal tender of, one nation for coins or currency which are in general circulation in, and legal tender of, another nation when exchanged solely for use as legal tender and at an exchange rate based on the relative value of each as a medium of exchange.
4. With respect to any transaction that involves the sale of coins or currency taxable under this paragraph in which the taxable amount represented by the sale of such coins or currency exceeds $500, the entire amount represented by the sale of such coins or currency is exempt from the tax imposed under this paragraph. The dealer must maintain proper documentation, as prescribed by rule of the department, to identify that portion of a transaction which involves the sale of coins or currency and is exempt under this subparagraph.
(k) At the rate of 6 percent of the sales price of each gallon of diesel fuel not taxed under chapter 206 purchased for use in a vessel, except dyed diesel fuel that is exempt pursuant to s. 212.08(4)(a)4.
(l) Florists located in this state are liable for sales tax on sales to retail customers regardless of where or by whom the items sold are to be delivered. Florists located in this state are not liable for sales tax on payments received from other florists for items delivered to customers in this state.
(m) Operators of game concessions or other concessionaires who customarily award tangible personal property as prizes may, in lieu of paying tax on the cost price of such property, pay tax on 25 percent of the gross receipts from such concession activity.
(n) At the rate of 3 percent of the sales price on the retail sale of a new mobile home. As used in this paragraph, the term “new mobile home” has the same meaning as in s. 319.001.
(2) The tax shall be collected by the dealer, as defined herein, and remitted by the dealer to the state at the time and in the manner as hereinafter provided.
(3) The tax so levied is in addition to all other taxes, whether levied in the form of excise, license, or privilege taxes, and in addition to all other fees and taxes levied.
(4) The tax imposed pursuant to this chapter shall be due and payable according to the algorithm provided in s. 212.12.
(5) Notwithstanding any other provision of this chapter, the maximum amount of tax imposed under this chapter and collected on each sale or use of a boat in this state may not exceed $18,000 and on each repair of a boat in this state may not exceed $60,000.
History.—s. 5, ch. 26319, 1949; s. 3, ch. 59-289; s. 4, ch. 63-526; ss. 5, 6, ch. 68-27; ss. 8, 9, ch. 69-222; s. 4, ch. 71-360; s. 1, ch. 76-6; s. 2, ch. 78-74; s. 114, ch. 81-259; s. 4, ch. 82-154; s. 2, ch. 83-3; s. 7, ch. 85-174; s. 6, ch. 85-348; ss. 80, 81, ch. 86-152; ss. 6, 7, ch. 86-155; s. 3, ch. 86-166; ss. 10, 83, ch. 87-6; ss. 2, 9, ch. 87-99; ss. 12, 52, ch. 87-101; s. 7, ch. 87-402; ss. 7, 8, 9, ch. 87-548; s. 18, ch. 90-132; s. 89, ch. 90-136; s. 86, ch. 91-45; s. 1, ch. 91-66; s. 171, ch. 91-112; s. 239, ch. 91-224; ss. 10, 13, 16, ch. 92-319; s. 1, ch. 93-86; ss. 8, 17, ch. 94-314; s. 8, ch. 94-353; s. 1495, ch. 95-147; ss. 1, 2, ch. 95-302; s. 4, ch. 95-403; s. 3, ch. 95-416; s. 112, ch. 95-417; ss. 22, 28, ch. 96-397; s. 35, ch. 96-410; s. 12, ch. 97-54; s. 20, ch. 97-94; s. 28, ch. 97-96; s. 20, ch. 97-99; s. 1, ch. 97-121; s. 3, ch. 97-283; s. 5, ch. 98-140; s. 1, ch. 99-337; s. 2, ch. 99-363; ss. 45, 48, 58, ch. 2000-260; s. 38, ch. 2001-140; s. 15, ch. 2002-48; s. 13, ch. 2005-280; s. 20, ch. 2007-106; s. 3, ch. 2009-51; s. 1, ch. 2010-128; s. 5, ch. 2010-138; s. 7, ch. 2010-147; s. 20, ch. 2011-3; s. 1, ch. 2013-82; s. 2, ch. 2014-38; s. 13, ch. 2015-221; s. 10, ch. 2016-220; s. 63, ch. 2016-239; s. 23, ch. 2017-36; s. 12, ch. 2018-130; s. 17, ch. 2020-10; s. 3, ch. 2021-2; s. 1, ch. 2021-175; s. 7, ch. 2021-180; s. 20, ch. 2022-97.
1Note.—Section 26, ch. 2021-2, provides that:

“(1) The Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, for the purpose of administering this act.

“(2) Notwithstanding any other law, emergency rules adopted pursuant to subsection (1) are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.

“(3) This section shall take effect upon this act becoming a law and expires July 1, 2023.”

2Note.—Section 32, ch. 2020-10, provides that:

“(1) The Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, for the purpose of implementing the amendments made by this act to ss. 206.05, 206.8741, 206.90, 212.05, 213.21, and 220.1105, Florida Statutes, and the creation of ss. 212.134 and 212.181, Florida Statutes, by this act. Notwithstanding any other provision of law, emergency rules adopted pursuant to this subsection are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.

“(2) This section shall take effect upon this act becoming a law and expires July 1, 2023.”

3Note.—Section 3, ch. 2007-78, provides that “[s]ection 501.95(2)(a), Florida Statutes, as created in [ch. 2007-256] or similar legislation, does not apply to prepaid calling arrangements as defined in s. 212.05(1)(e), Florida Statutes, including prepaid cards for wireless or wireline telecommunications service.”

F.S. 212.05 on Google Scholar

F.S. 212.05 on Casetext

Amendments to 212.05


Arrestable Offenses / Crimes under Fla. Stat. 212.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

S212.05 1a1b - FRAUD-FALSE STATEMENT - REPORT LESS THAN ACTUAL SALE PRICE VEHICLE - M: F
S212.05 1a2f - FRAUD - ACT IN RELATION TO DECAL TO EVADE TAX - M: F
S212.05 1a2f - FRAUD - NONRESIDENT REMOVE BOAT DECAL - M: F
S212.05 1h - TAX REVENUE - VIOL COIN OPERATED AMUSEMENT MACHINE TAX LAW - M: S
S212.05 1i5 - TAX REVENUE - REVISED SEE REC#5959 - M: S
S212.05 1j5 - TAX REVENUE - INCORRECT OFF - M: S

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. William S. v. Progressive Select Ins. Co.

    558 F. Supp. 3d 1258 (S.D. Fla. 2021)
    Courts in Florida have routinely found that insureds are reasonably likely to need to incur title transfer fees in replacing a vehicle, and, therefore, title transfer fees are included in the replacement cost under similar insurance policies. See e.g. Sos , 396 F. Supp. 3d at 1081. In Sos v. State Farm Mut. Auto. Ins. Co. , the court reasoned that "Florida law imposes mandatory sales tax and title transfer fees for the replacement of all vehicles, whether leased or owned. Fla. Stat. § 212.05 (sales tax); § 319.34 (title transfer fee). As such, these taxes and fees are necessarily included in the replacement cost of a total loss vehicle." Sos , 396 F. Supp. 3d at 1080.
    PAGE 1273

  2. Paris v. Progressive Am. Ins. Co.

    558 F. Supp. 3d 1245 (S.D. Fla. 2021)
    Every motor vehicle purchased in Florida is taxed at a 6% state sales tax rate plus applicable local taxes. Fla. Stat. § 212.05. A finding of a 6 % state sales tax rate plus applicable local taxes comports with the sales tax damages courts have found in similar cases. Sos , 396 F. Supp. 3d at 1081 ; Roth v. GEICO Gen. Ins. Co. , No. 16-62942-CIV, 2018 WL 3412852, at *5 (S.D. Fla. June 14, 2018), vacated, No. 16-62942-CIV-WPD, 2020 WL 5507208 (S.D. Fla. Aug. 27, 2020).
    PAGE 1256

  3. Sos v. State Farm Mut. Auto. Ins. Co.

    396 F. Supp. 3d 1074 (M.D. Fla. 2019)   Cited 21 times
    The Court must now determine the amount of taxes and fees due on a total loss claim for a leased vehicle. Every motor vehicle purchased or leased in Florida is taxed at a 6 percent state sales tax rate plus applicable local taxes. Fla. Stat. § 212.05. However, Florida law imposes different amounts of title transfer fees depending on whether the vehicle is owned or leased. Fla. Stat. § 319.34. Florida's motor vehicle department charges a $70 fee for owned vehicles and a $49 fee for leased vehicles. Id. Both owned and leased vehicles are further assessed a $1 fee for the issuance of original or duplicate certificate, and a $4.25 fee for the application for issuance or transfer of certificate of title. Id. Thus, an owned vehicle is subject to a minimum of $75.25 for title transfer fees, while a leased vehicle is subject to a $54.25 fee. Id.
    PAGE 1081

  4. Florida Department of Revenue v. American Business USA Corp.

    191 So. 3d 906 (Fla. 2016)   Cited 4 times   1 Legal Analyses
    Section 212.05, Florida Statutes (2012), provides in pertinent part that “every person is exercising a taxable privilege who engages in the business of selling tangible personal property at retail in this state, including the business of making mail order sales, ...” The statute further provides that “[f]or the exercise of such privilege, a tax is levied on each taxable transaction or incident. ” § 212.05(1), Fla. Stat. (2012) (emphasis added). Thus, the administrative law judge and the Department are correct that the statute does not place a tax on the items sold, but on the sales transaction itself. Subsection (1)(l ) then makes clear that “[f]lorists located in this state are liable for sales tax on sales to retail customers regardless of where or by whom the items are to be delivered.” § 212.05(1)(l ), Fla. Stat. (2012) We turn first to the issue of whether section 212.05(1)(l ) violates the dormant Commerce Clause as applied to American Business's internet sales of flowers, gift baskets, and other tangible personal property. The Dormant Commerce Clause
    PAGE 912

  5. Seminole Tribe of Fla. v. Stranburg

    799 F.3d 1324 (11th Cir. 2015)   Cited 24 times   3 Legal Analyses
    Finally, we observe that Florida also levies a sales tax on electricity, the legal incidence of which falls on the purchaser of electricity. Fla. Stat. § 212.05(1)(e)(1)(c); seeFla. Stat. § 203.01(1)(a)(3); id.§ 212.06(3)(a). While separate gross-receipts and sales taxes do not necessarily indicate that the taxes have separate legal incidences, given the traditional usage of those terms and the structure of Florida's tax code, we find the separate taxes more indicative of an intent to impose the legal incidence of the Utility Tax on the utility rather than to place both taxes on the consumer.
    PAGE 1351

  6. DirecTV, Inc. v. State

    218 So. 3d 895 (Fla. Dist. Ct. App. 2015)   Cited 1 times
    Before 2001, Florida's sales tax on television services was six percent for all subscribers regardless of whether the provider was a cable or satellite company. § 212.05, Fla. Stat. (1999). Cable companies were required to pay franchise fees or rent to local governments in order to use the local rights-of-way for their ground-based networks. However, in 2001, the Florida Legislature passed the Communications Services Tax Simplification Law ("the CST"), which imposed a differential tax rate for cable and satellite services. § 202.12(1), Fla. Stat. (2001) (taxing cable service at 6.8 percent and satellite service at 10.8 percent). Currently, cable service is taxed at a rate of 6.65 percent, and satellite service is taxed at a rate of 10.8 percent. § 202.12(1), Fla. Stat. (2014). It is this difference in taxation rates that the satellite companies allege violates the dormant Commerce Clause.
    PAGE 899

  7. American Business USA Corp. v. Department of Revenue

    151 So. 3d 67 (Fla. Dist. Ct. App. 2014)   Cited 2 times
    In upholding the assessment of the sales tax, the department relied on section 212.05(1)( l ), Florida Statutes (2012), and Florida Administrative Code Rule 12A–1.047(1). Section 212.05(1)( l ) states:
    PAGE 70

  8. Dep't of Revenue v. Gen. Motors LLC

    104 So. 3d 1191 (Fla. Dist. Ct. App. 2013)   Cited 5 times
    We begin with a discussion of Florida's sales and use taxes. The sales tax is imposed when property is “sold at retail in this state.” § 212.05( 1)(a), Fla. Stat. (2011). In contrast, the use tax is triggered when property is “not sold, but is used, consumed, distributed, or stored for use or consumption in this state.” § 212.05( 1)(b). “The use tax was developed as a device to complement the sales tax in order to prevent evasion of the payment of the sales tax by the completion of purchases in a non-taxing state and shipment by interstate commerce into a taxing forum.” Scripto, Inc. v. Carson, 105 So.2d 775, 779 (Fla.1958). Accordingly, sales and use taxes are complementary and, when applied, result in one instance of taxation on tangible personal property, either at the point of sale or at the subsequent time of use. The “anti-pyramiding” principle is codified in several provisions of Florida's sales and use taxes statute. See§§ 212.06(4) & 212.12(12), Fla. Stat. (2011). Specifically, section 212.06(4), provides that “there shall be no duplication” of the sales and use taxes. In addition, section 212.12(12) provides that it is the Legislature's intent that…

  9. Dep't of Revenue v. Gen. Motors LLC

    CASE NO. 1D12-784 (Fla. Dist. Ct. App. Dec. 5, 2012)
    We begin with a discussion of Florida's sales and use taxes. The sales tax is imposed when property is "sold at retail in this state." § 212.05( 1)(a), Fla. Stat. (2011). In contrast, the use tax is triggered when property is "not sold, but is used, consumed, distributed, or stored for use or consumption in this state." § 212.05( 1)(b). "The use tax was developed as a device to complement the sales tax in order to prevent evasion of the payment of the sales tax by the completion of purchases in a non-taxing state and shipment by interstate commerce into a taxing forum." Scripto, Inc. v. Carson, 105 So. 2d 775, 779 (Fla. 1958). Accordingly, sales and use taxes are complementary and, when applied, result in one instance of taxation on tangible personal property, either at the point of sale or at the subsequent time of use. The "anti-pyramiding" principle is codified in several provisions of Florida's sales and use taxes statute. See §§ 212.06(4) & 212.12(12), Fla. Stat. (2011). Specifically, section 212.06(4), provides that "there shall be no duplication" of the sales and use taxes. In addition, section 212.12(12) provides that it is the Legislature's intent that…

  10. Uscardio Vascular v. Florida Dept

    993 So. 2d 81 (Fla. Dist. Ct. App. 2008)   Cited 2 times
    On July 1, 1987, the legislature enacted an excise tax on the sale of services and a complementary excise tax on the use of services in Florida. See § 212.059, Fla. Stat. (1987). Effective January 1, 1988, however, the legislature repealed section 212.059. See Ch. 87-548, § 37, at 51, Laws of Fla. Subsequently, the only services that appear to be taxable in Florida include detective, burglary, and other protection services and non-residential cleaning and pest control services. See §§ 212.05( l (i)1.a. 212.05( l)(i)1.b., Fla. Stat. (2001-2003).
    PAGE 85

    Cases from cite.case.law:

    FLORIDA DEPARTMENT OF REVENUE, v. AMERICAN BUSINESS USA CORP., 191 So. 3d 906 (Fla. 2016)

    . . . Because the district court expressly declared invalid a state statute, section 212.05(1)(/,), Florida . . . For. the reasons we explain, we-quash the decision of the Fourth District > and hold section 212.05(1 . . . The tax- assessment was issued by the Department to American Business pursuant to section 212.05(1)(Z . . . The order concluded that the tax required by section 212.05 is a tax on the privilege of engaging in . . . Section 212.05, Florida Statutes (2012), provides in pertinent part that “evfery person is exercising . . .

    SEMINOLE TRIBE OF FLORIDA, a v. STRANBURG,, 799 F.3d 1324 (11th Cir. 2015)

    . . . . § 212.05 (“It is hereby declared to be the legislative intent that every person is exercising a taxable . . . Stat. § 212.05(l)(e)(l)(c); see Fla. Stat. § 203.01(l)(a)(3); id. § 212.06(3)(a). . . .

    AMERICAN BUSINESS USA CORP. v. DEPARTMENT OF REVENUE,, 151 So. 3d 67 (Fla. Dist. Ct. App. 2014)

    . . . plants, and other such items of tangible personal property were subject to sales tax pursuant to section 212.05 . . . In upholding the assessment of the sales tax, the department relied on section 212.05(1)(l), Florida . . . Section 212.05(1)(l) states: Florists located in this state are liable for sales tax on sales to retail . . . Taxes on prepaid calling arrangements are governed by section 212.05(1)(e), Florida Statutes (2012). . . .

    DEPARTMENT OF REVENUE, v. GENERAL MOTORS LLC,, 104 So. 3d 1191 (Fla. Dist. Ct. App. 2012)

    . . . .” § 212.05(l)(a), Fla. Stat. (2011). . . . .” § 212.05(l)(b). . . .

    USCARDIO VASCULAR, INCORPORATED, v. FLORIDA DEPARTMENT OF REVENUE,, 993 So. 2d 81 (Fla. Dist. Ct. App. 2008)

    . . . See §§ 212.05(Z)(i)l.a. & 212.05(Z)(i)l.b., Fla. Stat. (2001-2003). ' . . .

    DEERBROOKE INVESTMENTS, INC. v. FLORIDA DEPARTMENT OF STATE,, 919 So. 2d 691 (Fla. Dist. Ct. App. 2006)

    . . . was engaged in foreign commerce for which it could not be subject to Florida tax pursuant to section 212.05 . . . ratio determines the portion of the vessel’s taxable activity which is subject to Florida’s use tax. § 212.05 . . . waters during New Sea Escape’s cruises to nowhere could not be taxed as “Florida mileage” under section 212.05 . . .

    FLORIDA DEPARTMENT OF REVENUE, v. NAVAL AVIATION MUSEUM FOUNDATION, INC., 907 So. 2d 586 (Fla. Dist. Ct. App. 2005)

    . . . .” § 212.05(l)(a)l.a. . . .

    FLORIDA DEPARTMENT OF REVENUE, v. NEW SEA ESCAPE CRUISES, LTD., 894 So. 2d 954 (Fla. 2005)

    . . . Pursuant to section 212.05 of the Florida Statutes, the Florida Department of Revenue (DOR) assessed . . . and New Sea Escape’s Commerce Clause Challenge Florida’s sales and use tax statute, found in section 212.05 . . . tangible personal property as defined herein and who leases or rents such property within the state.” § 212.05 . . . Section 212.05 provides that sales or use taxes can be assessed against “every person ... who engages . . . who stores for use or consumption in this state any item or article of tangible personal property.” § 212.05 . . .

    RABIN, v. STATE DEPARTMENT OF REVENUE,, 884 So. 2d 983 (Fla. Dist. Ct. App. 2004)

    . . . In this case, the DOR has not taken any action to enforce section 212.05, Florida Statutes, or section . . .

    ADVISORY OPINION TO THE ATTORNEY GENERAL RE FAIRNESS INITIATIVE REQUIRING LEGISLATIVE DETERMINATION THAT SALES TAX EXEMPTIONS AND EXCLUSIONS SERVE A PUBLIC PURPOSE, 880 So. 2d 630 (Fla. 2004)

    . . . See, e.g., §§ 212.05(l)(i), Fla. . . .

    DEERBROOKE INVESTMENTS, INC. v. FLORIDA DEPARTMENT OF REVENUE,, 861 So. 2d 447 (Fla. Dist. Ct. App. 2003)

    . . . engaged in foreign commerce for which Deerbrooke would not be subject to Florida tax pursuant to section 212.05 . . . tangible personal property as defined herein and who leases or rents such property within the state. § 212.05 . . . ratio determines the portion of the vessel’s taxable activity which is subject to Florida’s use tax. § 212.05 . . . . granted, 845 So.2d 889 (Fla.2003), we recognized that the purpose of the tax according to section 212.05 . . . waters during New Sea Escape’s cruises to nowhere could not be taxed as “Florida mileage” under section 212.05 . . .

    DREAM BOAT, INC. v. DEPARTMENT OF REVENUE,, 921 So. 2d 1 (Fla. Dist. Ct. App. 2003)

    . . . tax, as well as penalties and interest, on oral slot machine license agreements, pursuant to section 212.05 . . . See § 212.05, Fla. Stat. (1999). The trial court properly rejected this argument. . . .

    NEW SEA ESCAPE CRUISES, LTD. v. FLORIDA DEPARTMENT OF REVENUE,, 823 So. 2d 161 (Fla. Dist. Ct. App. 2002)

    . . . which were assessed for a period from September 1, 1996 to April 30, 1998, are authorized by section 212.05 . . . In addition, section 212.05, the basis for the tax in the first place, contains the words “in the state . . . ” several times: Section 212.05 Sales, Storage, Use Tax — It is hereby declared to be the legislative . . . The gambling does not occur “within the state” as provided in section 212.05. . . . Section 212.05 levies a tax on tangible property stored “for use or consumption in this state.” . . .

    P. R. MARKETING GROUP, INC. a d b a a v. GTE FLORIDA INCORPORATED, a, 806 So. 2d 597 (Fla. Dist. Ct. App. 2002)

    . . . They alleged that a careful reading of section 212.05(l)(e), Florida Statutes (Supp.1994), revealed that . . .

    DEPARTMENT OF REVENUE, v. DAYSTAR FARMS, INC. ETC., 803 So. 2d 892 (Fla. Dist. Ct. App. 2002)

    . . . the total amount of $72, 270.84 on the sale of food from his vending machines in accord with section 212.05 . . .

    WAL- MART STORES, INC. v. MAZOUREK,, 778 So. 2d 346 (Fla. Dist. Ct. App. 2000)

    . . . . § 212.05(1), Fla.Stat. (1997). . . .

    AMERICAN TELEPHONE AND TELEGRAPH COMPANY, AT T v. FLORIDA DEPARTMENT OF REVENUE,, 764 So. 2d 665 (Fla. Dist. Ct. App. 2000)

    . . . Section 212.05(l)(a)l.a., Florida Statutes (1983), provides that the sale of tangible personal property . . . The trial court entered final summary judgment in favor of the vendor holding that section 212.05, Florida . . .

    W. SMITH, v. S. APFEL,, 75 F. Supp. 2d 867 (N.D. Ill. 1999)

    . . . The ALJ's finding that Ware earns an average of $6,450 a month equates to approximately $212.05 a day . . .

    DEPARTMENT OF REVENUE, v. OCALA BREEDERS SALES, INC., 725 So. 2d 387 (Fla. Dist. Ct. App. 1998)

    . . . The Department relies on section 212.05 Florida Statutes (1997), which provides: It is hereby declared . . . It has not been pointed out how Ocala Breeders’ comes under the other provisions of section 212.05. . . . Even assuming Ocala Breeders’ comes within the purview of section 212.05, we are not convinced that the . . . The State of Florida imposes a tax on tangible personal property as follows: 212.05 Sales, storage, use . . . Subsection 212.05(l)(a) imposes a sales tax: 1. a. . . . Subsection 212.05(l)(b) imposes a use tax: At the rate of 6 percent of the cost price of each item or . . .

    NEWSWEEK, INC. v. FLORIDA DEPARTMENT OF REVENUE, 522 U.S. 442 (U.S. 1998)

    . . . . §§ 212.08(7)(w), 212.05(1)(i) (Supp. 1988). . . .

    SHARPER IMAGE CORPORATION, v. DEPARTMENT OF REVENUE OF STATE OF FLORIDA,, 704 So. 2d 657 (Fla. Dist. Ct. App. 1997)

    . . . Section 212.05(l)(b), Florida Statutes (1987), provides: [A] tax is levied on each taxable transaction . . . The tax rate in section 212.05(1)(b) was increased to 6 percent effective February 1, 1988. . . .

    NEWSWEEK, INC. v. DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA, H. F., 689 So. 2d 361 (Fla. Dist. Ct. App. 1997)

    . . . . § 212.05(l)(i), Fla. Stat. (1987). . . . The retail sale of magazines remained subject to sales tax under section 212.05(l)(i), Florida Statutes . . .

    LATIN EXPRESS SERVICE, INC. v. STATE DEPARTMENT OF REVENUE,, 687 So. 2d 1342 (Fla. Dist. Ct. App. 1997)

    . . . Florida has a six percent tax with no maximum, see sections 212.05 and 212.06, Florida Statutes. . . . due for “nonpayment of Florida sales/use tax on purchase of motor vehicles” as provided in sections 212.05 . . . A careful examination of sections 212.05, 212.06, 212.07, and 212.18(3), as well as the documents in . . .

    WARNING SAFETY LIGHTS OF GEORGIA, INC. v. STATE DEPARTMENT OF REVENUE, L. H., 678 So. 2d 1377 (Fla. Dist. Ct. App. 1996)

    . . . for a declaration under section 120.565, Florida Statutes (1993), concerning the impact of sections 212.05 . . . See § 212.05(l)(e)l.b, Fla. Stat. (1993). . . . transfer of title” in order to determine whether WSLG’s business was subject to tax pursuant to section 212.05 . . .

    HMY NEW YACHT SALES, INC. v. DEPARTMENT OF REVENUE,, 676 So. 2d 1385 (Fla. Dist. Ct. App. 1996)

    . . . Bandit” to its own use and was therefore responsible for payment of the statutory use tax under section 212.05 . . . registration under Chapter 327, intended to provide an exemption from a tax expressly imposed under sections 212.05 . . .

    R. R. DONNELLEY SONS COMPANY, v. H. FUCHS,, 670 So. 2d 113 (Fla. Dist. Ct. App. 1996)

    . . . assesses a six percent sales tax on the price of tangible personal property sold at retail, see section 212.05 . . . See § 212.05(l)(b). . . .

    FLORIDA HOTEL AND MOTEL ASSOCIATION, INC. v. STATE DEPARTMENT OF REVENUE,, 635 So. 2d 1044 (Fla. Dist. Ct. App. 1994)

    . . . Section 212.05(l)(a)l.a., Florida Statutes (1991), reads: It is hereby declared to be the legislative . . . Appellants argue that the imposition of this tax in addition to that levied pursuant to section 212.05 . . . is imposed upon the privilege of selling tangible personal property at retail, pursuant to section 212.05 . . .

    D. TUCKER, v. G. RESHA,, 634 So. 2d 756 (Fla. Dist. Ct. App. 1994)

    . . . Fla.Stat. (1989); see also § 212.0505, Fla.Stat. (1987) (dealing with sale of drugs); §§ 212.02(14), 212.05 . . .

    DEPARTMENT OF REVENUE, v. QUOTRON SYSTEMS, INC., 615 So. 2d 774 (Fla. Dist. Ct. App. 1993)

    . . . The Court is persuaded, on the undisputed facts, that Section 212.05, Florida Statutes, does not subject . . .

    DEPARTMENT OF REVENUE, v. B L CONCEPTS, INC., 612 So. 2d 720 (Fla. Dist. Ct. App. 1993)

    . . . The trial court entered summary final judgment in favor of the vendor holding that section 212.05, Florida . . . while incidental to the “sale”, are not part of the “sales price” and are not taxable under section 212.05 . . .

    DEPARTMENT OF REVENUE, v. MAGAZINE PUBLISHERS OF AMERICA, INC., 604 So. 2d 459 (Fla. 1992)

    . . . Section 212.05(l)(a), Florida Statutes (1987), levies a tax on “the sales price of each item or article . . . Section 212.05(l)(i) specifically states that sales of magazines are taxable transactions. . . . Section 212.05(l)(i), Florida Statutes (Supp. 1988), provides in pertinent part: (1) ... . . .

    In ROEMIG H. MAZER, v. BROADWAY SOUTHWEST,, 123 B.R. 405 (Bankr. D.N.M. 1991)

    . . . 28-89 276.80 2,719.22 215.00 8-28-89 277.59 2,814.00 230.00 9-28-89 575.05 3,152.60 245.00 10-28-89 212.05 . . .

    FLORIDA HI- LIFT, v. DEPARTMENT OF REVENUE,, 571 So. 2d 1364 (Fla. Dist. Ct. App. 1990)

    . . . Section 212.05, Florida Statutes, states: (1) For the exercise of such privilege, a tax is levied on . . . The recommended order quotes Section 212.05, Florida Statutes (1985), which provides for a five-percent . . . transaction and were therefore taxable pursuant to Rule 12A-1.071, Florida Administrative Code, and Sections 212.05 . . . Section 212.05, Florida Statutes, was amended in 1986 and in 1987, but remains unchanged as to the issue . . .

    DEPARTMENT OF REVENUE, v. MAGAZINE PUBLISHERS OF AMERICA, INC., 565 So. 2d 1304 (Fla. 1990)

    . . . . §§ 212.05(1)0, .06(9), .08(7)(w), Fla.Stat. (1987 & Supp.1988). . . . Section 212.05(1)0, Florida Statutes (Supp.1988), provides: (1) ... . . . Section 212.05(l)(i), Florida Statutes (1987), may be considered superfluous. . . . (l)(a) without regard to section 212.05(l)(i). . . . Section 212.05(l)(i), however, reinforces the legislative intent expressed in section 212.05(l)(a) that . . .

    CHESTNUT FLEET RENTALS, INC. A- v. STATE, DEPARTMENT OF REVENUE,, 559 So. 2d 264 (Fla. Dist. Ct. App. 1990)

    . . . of cars to Government employees was the rental of tangible personal property within the meaning of § 212.05 . . .

    UNITED STATES v. BRISCOE,, 896 F.2d 1476 (7th Cir. 1990)

    . . . October 23, 1986: Count Six charged Alii, Aderemi and others with possession with intent to distribute 212.05 . . .

    KARLEN, v. UNITED STATES, 727 F. Supp. 544 (D.S.D. 1989)

    . . . Jayson, Handling Federal Tort Claims § 212.05, at 9-32 (1988); cf. Elledge v. . . .

    GOLDBERG v. SWEET, DIRECTOR, ILLINOIS DEPARTMENT OF REVENUE,, 488 U.S. 252 (U.S. 1989)

    . . . . §212.05(l)(e) (Supp. 1988); Haw. Rev. Stat. §237-13(6) (Supp. 1987); Minn. . . .

    MOORE J. v. STATE DEPARTMENT OF REVENUE, 536 So. 2d 1050 (Fla. Dist. Ct. App. 1988)

    . . . See sections 212.02(9); 212.02(12); 212.05(l)(b), Florida Statutes (1985). . . . See section 212.05(l)(a)l, Florida Statutes (1984). . . .

    STATE v. GALADRIEL, INC. a, 525 So. 2d 990 (Fla. Dist. Ct. App. 1988)

    . . . Swan Enter., Inc., 506 So.2d 455 (Fla. 1st DCA), rev. denied, 513 So.2d 1061 (Fla.1987); §§ 212.05(l) . . .

    YES DEAR, INC. R. v. DEPARTMENT OF REVENUE,, 523 So. 2d 1235 (Fla. Dist. Ct. App. 1988)

    . . . They contend the assessment of the use tax and 100 percent penalty under section 212.05(l)(a)2, Florida . . . sale appellant Miller executed an affidavit of removal of the vessel from Florida pursuant to section 212.05 . . . Appellants point out that the form merely cites to section 212.05 and states that the purchaser has “ . . . Section 212.05(l)(a)2, Florida Statutes (1985), states that the penalty equal to the use tax provided . . . Nothing in section 212.05(l)(a)2 indicates that the 100 percent penalty is only in lieu of the fraud . . .

    DEPARTMENT OF REVENUE, v. IMPERIAL BUILDERS SUPPLY, INC., 519 So. 2d 1030 (Fla. Dist. Ct. App. 1988)

    . . . As brief background, section 212.05, Florida Statutes, declares it to be the legislative intent that . . . Section 212.05(l)(a)l.a., Florida Statutes, states that for the exercise of such privilege, a tax is . . .

    DEPARTMENT OF REVENUE, v. YACHT FUTURA CORPORATION,, 510 So. 2d 1047 (Fla. Dist. Ct. App. 1987)

    . . . See sections 212.02(7) and (8), 212.05, and 212.06, Florida Statutes (1983); see also, Department of . . . Inc., 506 So.2d 455 (Fla. 1st DCA 1987), are inapposite as they involved the application of section 212.05 . . .

    W. CRONACHER, v. FLORIDA DEPARTMENT OF REVENUE,, 510 So. 2d 615 (Fla. Dist. Ct. App. 1987)

    . . . Swan Enters., Inc., 506 So.2d 455 (Fla. 1st DCA 1987); § 212.05, Fla.Stat. (1985). . . .

    UNITED ENGINES, INC. v. DEPARTMENT OF REVENUE,, 508 So. 2d 459 (Fla. Dist. Ct. App. 1987)

    . . . From Removal From the State of Florida by the Purchaser” in order to claim an exemption under section 212.05 . . . According to section 212.05(1)(a)2, a sales tax exemption applies where a vessel departs Florida waters . . . The sale of the yacht to Swan was exempt from sales tax, as in this case, under section 212.05(1)(a)2 . . . The trial court held for Swan, finding it to be exempt from taxation under section 212.05(1)(a)2. . . . United fulfilled, as did Swan, the requirements for the sales tax exemption in section 212.05(1)(a)2, . . .

    DEPARTMENT OF REVENUE, v. G. R. SWAN ENTERPRISES, INC., 506 So. 2d 455 (Fla. Dist. Ct. App. 1987)

    . . . use tax assessment invalid, and further contends that: 1) the trial court’s interpretation of Section 212.05 . . . The sale was exempted from Florida’s sales tax under Section 212.05(l)(a)2, Florida Statutes (1983), . . . We find persuasive the Department’s argument that the trial court’s application of Section 212.05(l)( . . . The trial court based its ruling that the tax was invalid pursuant to Section 212.05(l)(a)2, Florida . . . In pertinent part Section 212.05, Florida Statutes (1983) provides: Section 212.05 Sales storage, use . . .

    CRONACHER v. FLORIDA DEPARTMENT OF REVENUE, 19 Fla. Supp. 2d 146 (Fla. Cir. Ct. 1986)

    . . . removed from Florida within 10 days of its repair or alteration in compliance with Florida Statute 212.05 . . . S. 212.05 engaged in the “business” of selling . . . property ... in this state. . . . Plaintiff contends that under the wording of Florida Statute 212.05(1)(a)1.b. . . . However, as pointed out by the State in its brief Florida Statute 212.05 is also a tax exemption statute . . . S. 212.05. . . .

    G. R. SWAN ENTERPRISES, INC v. STATE OF FLORIDA, DEPARTMENT OF REVENUE, 17 Fla. Supp. 2d 102 (Fla. Cir. Ct. 1986)

    . . . of the boat to Plaintiff was exempt from the Florida sales tax by virtue of the provisions of Sec. 212.05 . . . Sec. 212.05(l)(a)(2), F. . . . In Wanda Marine Corporation, which was decided prior to the enactment and effective date of Sec. 212.05 . . . With the enactment of Sec. 212.05(l)(a)(2), F.S., the Legislature again imposed a sixth month period . . . Sec. 212.05(l)(a)(2) speaks specifically to boats subject to use tax. . . .

    CONTINENTAL DEVELOPERS CONVERSIONS, INC. v. DEPARTMENT OF REVENUE, STATE OF FLORIDA, 17 Fla. Supp. 2d 8 (Fla. Cir. Ct. 1986)

    . . . S. 212.05(2) seems to be misplaced because it appears to relate to the sales tax exemption provided by . . . S. 212.05(l)(a) and not to a use tax imposed under F. S. 212.05(l)(b). Specifically, the F. . . . S. 212.05(l)(a)(2) exemption demonstrates that the sales tax paragraph does not apply to the sale of . . . within the state under such conditions as to make it subject to the use tax imposed by Florida Statute 212.05 . . .

    O D ASKEW, v. SEMINOLE TRIBE OF FLORIDA, INC. a, 474 So. 2d 877 (Fla. Dist. Ct. App. 1985)

    . . . sales tax imposed on the retail sale and rental of tangible personal property to non-Indians by Section 212.05 . . . require the Defendant Corporation to add the tax to the sales or rental price as provided by Sections 212.05 . . .

    CAMPUS COMMUNICATIONS, INC. a v. DEPARTMENT OF REVENUE, STATE OF FLORIDA,, 473 So. 2d 1290 (Fla. 1985)

    . . . Section 212.05, embodies the basic statement of legislative intent: It is hereby declared to be the legislative . . . privilege of engaging “in the business of selling tangible personal property at retail in this state.” § 212.05 . . .

    FLORIDA S L SERVICES, INC. v. DEPARTMENT OF REVENUE,, 443 So. 2d 120 (Fla. Dist. Ct. App. 1983)

    . . . services provided by S & L to its customers are subject to the Florida sales tax provided by Section 212.05 . . . The language of Section 212.05(l)(e) is clear on its face. . . . Nowhere in Section 212.05(l)(e) is there a tax imposed on private lines. . . . Section 212.05(l)(e) is a taxing statute with a penal provision. . . . Immediately after passage of Section 212.05 in 1968, the DOR promulgated Rule 12A-1.46. . . .

    RURALIST PRESS, INC. v. FLORIDA DEPARTMENT OF BANKING AND FINANCE,, 429 So. 2d 1270 (Fla. Dist. Ct. App. 1983)

    . . . The tax on books is assessed based on the cost price of the books, Section 212.05(l)(b), Florida Statutes . . .

    STATE DEPARTMENT OF REVENUE, v. N. ANDERSON,, 403 So. 2d 397 (Fla. 1981)

    . . . Section 212.05 declares that selling tangible personal property at retail is a taxable privilege and . . .

    SOUTHERN PAVING COMPANY v. STATE DEPARTMENT OF REVENUE,, 399 So. 2d 11 (Fla. Dist. Ct. App. 1981)

    . . . The Department of Revenue asserts that tax is due under § 212.05 because asphalt was sold from Taft to . . . The Department argued that the transfers were taxable under § 212.05 as sales, and the hearing officer . . .

    GORE NEWSPAPER COMPANY, v. DEPARTMENT OF REVENUE,, 398 So. 2d 945 (Fla. Dist. Ct. App. 1981)

    . . . In Sections 212.05(2), 212.06(8), and 212.07(7), both the words “use” and “consumption” are utilized, . . .

    AMERICAN VIDEO CORPORATION, v. A. LEWIS, a, 389 So. 2d 1059 (Fla. Dist. Ct. App. 1980)

    . . . “sale,” Section 212.02(2)(a), and consequently were not subject to the sales tax imposed by Section 212.05 . . . Section 212.05 declares that every person in this state “who engages in the business of selling tangible . . . property,” and the furnishing of cable television service is specifically made taxable under Section 212.05 . . . collected by appellant from its customers for the furnishing of the cable television service under Section 212.05 . . .

    UNITED STATES v. ASSOCIATED DEVELOPERS OF FLORIDA, INC. DEPARTMENT OF REVENUE, v. ASSOCIATED DEVELOPERS OF FLORIDA, INC., 400 So. 2d 17 (Fla. Dist. Ct. App. 1980)

    . . . . §§ 212.05, 212.07(1). . . .

    SMITH, d b a W. v. DEPARTMENT OF REVENUE,, 376 So. 2d 421 (Fla. Dist. Ct. App. 1979)

    . . . The State urges that Section 212.05, Florida Statutes (1977), authorizes a tax upon tangible personal . . . Taxation §§56 and 60 (1974). . “212.05 Sales, storage, use tax. — It is hereby declared to be the legislative . . .

    AIR JAMAICA, LTD. S. A. v. STATE DEPARTMENT OF REVENUE,, 374 So. 2d 575 (Fla. Dist. Ct. App. 1979)

    . . . Sections 212.02(3)(a); 212.05, Florida Statutes (1975). . . .

    BETHLEHEM STEEL CORP. v. HARTLEB, 47 Fla. Supp. 123 (Broward Cty. Ct. 1978)

    . . . Statute 212.01 et seq., created the “Florida Revenue Act of 1949” under which it was provided in F.S. 212.05 . . .

    KLOSTERS REDERI A S, d b a v. STATE DEPARTMENT OF REVENUE,, 348 So. 2d 656 (Fla. Dist. Ct. App. 1977)

    . . . Firstly, petitioner contends that pursuant to Section 212.05, Florida Statutes (1975), the hearing examiner . . . Section 212.05 provides, in pertinent part, as follows: “Sales, storage, use tax. — It is hereby declared . . . Accordingly, we hold that pursuant to Section 212.05, petitioner did in fact “use” its personal property . . .

    GRAYBAR ELECTRIC COMPANY, INC. v. STATE DEPARTMENT OF REVENUE,, 347 So. 2d 718 (Fla. Dist. Ct. App. 1977)

    . . . Section 212.05, Florida Statutes (1975), imposes a sales tax on the sale of certain tangible goods in . . .

    WANDA MARINE CORPORATION, a v. STATE DEPARTMENT OF REVENUE,, 305 So. 2d 65 (Fla. Dist. Ct. App. 1974)

    . . . Section 212.05 which makes provision for the imposition of the tax in question is as follows: “212.05 . . . State under such conditions as to make it subject to the use tax imposed by subsection (2) of Section 212.05 . . . (Section 212.05(2) and Section 212.06(1)(a)). . . .

    STATE SZABO FOOD SERVICES, INC. OF NORTH CAROLINA, a v. O. DICKINSON, Jr., 286 So. 2d 529 (Fla. 1973)

    . . . amount of $72,270.84 on the sale of food from vending machines in compliance with Fla.Stat. (1969) § 212.05 . . .

    DEPARTMENT OF REVENUE, v. CAMP UNIVERSE, INC. a, 273 So. 2d 148 (Fla. Dist. Ct. App. 1973)

    . . . “Section 212.05, Florida Statutes, relating to tangible personal property and food and lodging; the Court . . .

    FLORIDA ASSOCIATION OF BROADCASTERS v. R. KIRK, Jr., 264 So. 2d 437 (Fla. Dist. Ct. App. 1972)

    . . . seek review of a declaratory judgment concerning their liability for sales and use taxes under Section 212.05 . . .

    J. S. FINKEL, v. CHALLENGER MARINE CORP. a a, 316 F. Supp. 549 (S.D. Fla. 1970)

    . . . Chapter 212.05 of the Florida Statutes, F.S.A. provides for the payment of a tax to the Florida Revenue . . .

    STATE DRUM SERVICE COMPANY OF FLORIDA, a v. R. KIRK, Jr. O. Jr. T. O. Jr., 234 So. 2d 358 (Fla. 1970)

    . . . Florida Statutes § 212.05, F.S.A., provides : “Sales, storage, use tax. — It is hereby declared to be . . .

    R. KIRK, Jr. v. WESTERN CONTRACTING CORPORATION,, 216 So. 2d 503 (Fla. Dist. Ct. App. 1968)

    . . . F.S. section 212.05, F.S.A., declares it to be the legislative intent that every person is exercising . . . F.S. section 212.05(5), F.S.A., provides that the tax levied pursuant to the provisions of the Act shall . . . By its findings of law and facts filed herein the trial court concluded that F.S. section 212.05, F.S.A . . . agreed, and the court so found, that under the above-quoted rule the use tax imposed by F.S. section 212.05 . . . It is observed throughout F.S. section 212.05, F.S.A., that the words “lease and rent,” “lease and rental . . .

    STATE BRUNSWICK CORPORATION, a v. R. KIRK, Jr. O. Jr. F. T. O. Jr., 204 So. 2d 4 (Fla. 1967)

    . . . « * * * “It is provided in and by the caption paragraph of Sec. 212.05, F.S., that it is ‘the legislative . . .

    STATE SUNAIR ELECTRONICS, INC. a v. E. GREEN,, 177 So. 2d 490 (Fla. Dist. Ct. App. 1965)

    . . . . § 212.05, F.S.A. . . . .

    F. S. v., 43 T.C. 16 (T.C. 1964)

    . . . [Emphasis supplied.] 212.05 Sales, storage, use tax It is hereby declared to be the legislative intent . . .

    RYDER TRUCK RENTAL, INC. v. BRYANT,, 170 So. 2d 822 (Fla. 1964)

    . . . a “sale for resale” and therefore not a taxable event or transaction within the purview of Section 212.05 . . .

    NOLAND CREDIT CO. v. TAYLOR,, 22 Fla. Supp. 32 (Duval Cty. Cir. Ct. 1963)

    . . . Be that as it may, Florida Statute 212.05 (5) provides — “The said tax shall be collected from the dealer . . .

    SURF CLUB, v. COMPTROLLER,, 17 Fla. Supp. 31 (Dade Cty. Cir. Ct. 1960)

    . . . exercised the privilege of engaging in the business of selling at retail within the meaning of section 212.05 . . .

    WHITEHEAD KALES COMPANY, v. E. GREEN,, 113 So. 2d 732 (Fla. Dist. Ct. App. 1959)

    . . . below, whereby it was held that the transactions outlined in the complaint are taxable under Section 212.05 . . . The officer relied on F.S. § 212.05(2), F.S.A. which provides that a tax may be levied at the rate of . . . exercising a taxable privilege who uses, stores or consumes an article of tangible personal property (F.S. § 212.05 . . . of the cost price of each item of tangible personal property when it is used in this state (F.S. § 212.05 . . .

    UNITED STATES GYPSUM COMPANY, a v. E. GREEN,, 110 So. 2d 409 (Fla. 1959)

    . . . The use tax is levied by Sec. 212.05, F. . . . Sec. 212.05(2), F.S.A. is not in conflict with Sec. 212.06(1), F.S.A. for both provide that the base . . . A., the construction which we place on Sec. 212.02(5) and Sec. 212.05(2), F.S.A., and a consideration . . .

    E. GREEN, v. PANAMA CITY HOUSING AUTHORITY, a D. F. a, 110 So. 2d 490 (Fla. Dist. Ct. App. 1959)

    . . . . | 212.05, F.S.A. . F.S. §§ 421.02 and 421.09, F.S.A.; State ex rel. Harper v. . . .

    L. B. SMITH AIRCRAFT CORP. a v. E. GREEN, J., 94 So. 2d 832 (Fla. 1957)

    . . . It is clear that Section 212.05, Florida Statutes 1955, F.S.A. imposes a tax on these items unless a . . . See Sections 212.05(2); 212.06 (4); 212.07(7); 212.12(11). . . .

    L. O. DAVIS, St. C. M. v. PONTE VEDRA CLUB, a, 78 So. 2d 858 (Fla. 1955)

    . . . taxable privilege shall be subject to a tax and for the exercise of the privilege a ‘tax is levied’, 212.05 . . .

    v., 8 T.C. 487 (T.C. 1947)

    . . . Van Fossan, Judge: The question here presented is whether or not deductions of $212.05 and $1,090.52 . . .