Florida Statute 212.18 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 212
TAX ON SALES, USE, AND OTHER TRANSACTIONS

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F.S. 212.18

212.18 Administration of law; registration of dealers; rules.—

(1) The cost of preparing and distributing the reports, forms, and paraphernalia for the collection of said tax and the inspection and enforcement duties required herein shall be borne by the revenue produced by this chapter, provisions for which are hereinafter made.

(2) The department shall administer and enforce the assessment and collection of the taxes, interest, and penalties imposed by this chapter. It has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to enforce the provisions of this chapter in order that there shall not be collected on the average more than the rate levied herein. The department is authorized to and it shall provide by rule a method for accomplishing this end. It shall prepare instructions to all persons required by this chapter to collect and remit the tax to guide such persons in the proper collection and remission of such tax and to instruct such persons in the practices that may be necessary for the purpose of enforcement of this chapter and the collection of the tax imposed hereby. The use of tokens in the collection of this tax is hereby expressly forbidden and prohibited.

(3)(a) A person desiring to engage in or conduct business in this state as a dealer, or to lease, rent, or let or grant licenses in living quarters or sleeping or housekeeping accommodations in hotels, apartment houses, roominghouses, or tourist or trailer camps that are subject to tax under s. 212.03, or to lease, rent, or let or grant licenses in real property, and a person who sells or receives anything of value by way of admissions, must file with the department an application for a certificate of registration for each place of business. The application must include the names of the persons who have interests in such business and their residences, the address of the business, and other data reasonably required by the department. However, owners and operators of vending machines or newspaper rack machines are required to obtain only one certificate of registration for each county in which such machines are located. The department, by rule, may authorize a dealer that uses independent sellers to sell its merchandise to remit tax on the retail sales price charged to the ultimate consumer in lieu of having the independent seller register as a dealer and remit the tax. The department may appoint the county tax collector as the department’s agent to accept applications for registrations. The application must be submitted to the department before the person, firm, copartnership, or corporation may engage in such business.

(b) The department, upon receipt of such application, shall grant to the applicant a separate certificate of registration for each place of business, which may be canceled by the department or its designated assistants for any failure by the certificateholder to comply with this chapter. The certificate is not assignable and is valid only for the person, firm, copartnership, or corporation to which it is issued. The certificate must be placed in a conspicuous place in the business or businesses for which it is issued and must be displayed at all times. Except as provided in this subsection, a person may not engage in business as a dealer or in leasing, renting, or letting of or granting licenses in living quarters or sleeping or housekeeping accommodations in hotels, apartment houses, roominghouses, tourist or trailer camps, or real property, or sell or receive anything of value by way of admissions, without a valid certificate. A person may not receive a license from any authority within the state to engage in any such business without a valid certificate. A person may not engage in the business of selling or leasing tangible personal property or services as a dealer; engage in leasing, renting, or letting of or granting licenses in living quarters or sleeping or housekeeping accommodations in hotels, apartment houses, roominghouses, or tourist or trailer camps that are taxable under this chapter, or real property; or engage in the business of selling or receiving anything of value by way of admissions without a valid certificate.

(c) A marketplace provider that is a dealer under this chapter or a person who is required to collect and remit sales tax on remote sales must file with the department an application for a certificate of registration electronically.

(d)1. A person who engages in acts requiring a certificate of registration under this subsection and who fails or refuses to register commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Such acts are subject to injunctive proceedings as provided by law. A person who engages in acts requiring a certificate of registration and who fails or refuses to register is also subject to a $100 registration fee. However, the department may waive the registration fee if it finds that the failure to register was due to reasonable cause and not to willful negligence, willful neglect, or fraud.

2.a. A person who willfully fails to register after the department provides notice of the duty to register as a dealer commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

b. The department shall provide written notice of the duty to register to the person by personal service or by sending notice by registered mail to the person’s last known address. The department may provide written notice by both methods described in this sub-subparagraph.

(e) In addition to the certificate of registration, the department shall provide to each newly registered dealer an initial resale certificate that will be valid for the remainder of the period of issuance. The department shall provide each active dealer with an annual resale certificate. For purposes of this section, the term “active dealer” means a person who is currently registered with the department and who is required to file at least once during each applicable reporting period.

(f) The department may revoke a dealer’s certificate of registration if the dealer fails to comply with this chapter. Before revocation of a dealer’s certificate of registration, the department must schedule an informal conference at which the dealer may present evidence regarding the department’s intended revocation or enter into a compliance agreement with the department. The department must notify the dealer of its intended action and the time, place, and date of the scheduled informal conference by written notification sent by United States mail to the dealer’s last known address of record furnished by the dealer on a form prescribed by the department. The dealer is required to attend the informal conference and present evidence refuting the department’s intended revocation or enter into a compliance agreement with the department which resolves the dealer’s failure to comply with this chapter. The department shall issue an administrative complaint under s. 120.60 if the dealer fails to attend the department’s informal conference, fails to enter into a compliance agreement with the department resolving the dealer’s noncompliance with this chapter, or fails to comply with the executed compliance agreement.

(g) As used in this paragraph, the term “exhibitor” means a person who enters into an agreement authorizing the display of tangible personal property or services at a convention or a trade show. The following provisions apply to the registration of exhibitors as dealers under this chapter:

1. An exhibitor whose agreement prohibits the sale of tangible personal property or services subject to the tax imposed in this chapter is not required to register as a dealer.

2. An exhibitor whose agreement provides for the sale at wholesale only of tangible personal property or services subject to the tax imposed by this chapter must obtain a resale certificate from the purchasing dealer but is not required to register as a dealer.

3. An exhibitor whose agreement authorizes the retail sale of tangible personal property or services subject to the tax imposed by this chapter must register as a dealer and collect the tax on such sales.

4. An exhibitor who makes a remote sale pursuant to s. 212.0596 must register as a dealer.

A person who conducts a convention or a trade show must make his or her exhibitor’s agreements available to the department for inspection and copying.

(4) The department is hereby given the authority to purchase such supplies and equipment as may be necessary and incur any other necessary expenses as are proper for the enforcement and administration of this chapter.

History.—s. 18, ch. 26319, 1949; s. 9, ch. 61-276; s. 7, ch. 63-253; s. 13, ch. 65-329; s. 5, ch. 65-371; s. 2, ch. 65-420; s. 15, ch. 67-180; ss. 21, 35, ch. 69-106; s. 128, ch. 71-136; s. 5, ch. 78-59; s. 54, ch. 78-95; s. 2, ch. 82-75; s. 74, ch. 83-217; s. 79, ch. 86-152; ss. 21, 92, ch. 87-6; s. 60, ch. 87-101; s. 10, ch. 87-402; s. 76, ch. 88-130; s. 43, ch. 89-356; s. 33, ch. 90-203; s. 241, ch. 91-224; s. 20, ch. 92-320; s. 9, ch. 94-314; s. 12, ch. 94-353; s. 1501, ch. 95-147; s. 1, ch. 96-299; s. 27, ch. 97-99; s. 7, ch. 98-140; s. 6, ch. 98-142; s. 21, ch. 98-200; s. 19, ch. 99-208; s. 4, ch. 99-239; s. 1, ch. 2000-206; s. 29, ch. 2002-218; s. 6, ch. 2014-40; s. 29, ch. 2017-36; s. 12, ch. 2021-2.

F.S. 212.18 on Google Scholar

F.S. 212.18 on Casetext

Amendments to 212.18

Arrestable Offenses / Crimes under Fla. Stat. 212.18

Level: Degree
Misdemeanor/Felony: First/Second/Third

S212.18 - SALES TAX - REMOVED - M: F

S212.18 3c1 - FRAUD - RENUMBERED. SEE REC # 9483 - M: F

S212.18 3c2a - FRAUD - RENUMBERED. SEE REC # 9484 - F: T

S212.18 3d1 - FRAUD - FAILURE REFUSE REGISTER REQD TAX CERT REGISTRA - M: F

S212.18 3d2a - FRAUD - FAIL REGIST REQD TAX CERT REGIS AFTR NOTIFICAT - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 212.18

Total Results: 20

Brandon-Thomas v. Brandon-Thomas

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-24T00:00:00-07:00

Citation: 163 So. 3d 644, 2015 Fla. App. LEXIS 6051, 2015 WL 1874457

Snippet: 27 and sections 741.212 and - 18 - 741.04(1). But, in

Florida Dept. of Revenue v. NAVAL AVIATION

Court: Fla. Dist. Ct. App. | Date Filed: 2005-07-18T00:53:00-07:00

Citation: 907 So. 2d 586

Snippet: statute to administer to state tax laws. See § 212.18, Fla. Stat. (2001). Pursuant to Chapter 212, Florida

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Court: Fla. Att'y Gen. | Date Filed: 2001-05-16T00:53:00-07:00

Snippet: registered sales tax dealer pursuant to section 212.18, Florida Statute (1989), whenever Blackshears collects

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Court: Fla. Att'y Gen. | Date Filed: 1997-08-15T00:53:00-07:00

Snippet: Attorney General RAB/tgk 1 Sections 212.17(6), 212.18(2), and 213.06(1), Fla. Stat., grant the Department

Latin Express Service, Inc. v. State, Department of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-04T00:00:00-08:00

Citation: 687 So. 2d 1342, 1997 Fla. App. LEXIS 367, 1997 WL 39601

Snippet: registration for each place of business under section 212.18(3) before it may engage in such business, and that…examination of sections 212.05, 212.06, 212.07, and 212.18(3), as well as the documents in the record, demonstrates

Blackshears II Aluminum, Inc. v. Department of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 1994-08-05T00:00:00-07:00

Citation: 641 So. 2d 928, 1994 Fla. App. LEXIS 7749, 1994 WL 406145

Snippet: registered sales tax dealer pursuant to section 212.18, Florida Statute (1989), whenever Blackshears collects

Tucker v. Resha

Court: Fla. Dist. Ct. App. | Date Filed: 1994-03-30T00:00:00-08:00

Citation: 634 So. 2d 756, 1994 WL 101091

Snippet: to pay due taxes is a crime. §§ 20.21(3)(c)-(d), 212.18(2); 212.15(1)-(2), Fla. Stat. (1987); § 213.34,

Dept. of Revenue v. NU-LIFE HEALTH

Court: Fla. Dist. Ct. App. | Date Filed: 1993-08-30T00:53:00-07:00

Citation: 623 So. 2d 747

Snippet: statutory intent. On the contrary, pursuant to section 212.18, the Department promulgated rule 12-3.007(33),

Herre v. STATE, DEPT. OF REVENUE

Court: Fla. Dist. Ct. App. | Date Filed: 1993-04-20T00:53:00-07:00

Citation: 617 So. 2d 390

Snippet: McKibben v. Mallory, 293 So.2d 48 (Fla. 1974). Section 212.18(2), Florida Statutes (Supp. 1988), provides that…administering section 212.0505).[1] Furthermore, section 212.18(2) requires the Department of Revenue to prepare…comply with the requirements of chapter 212. Section 212.18(2), Fla. Stat. (Supp. 1988). To this day, the Department… on how to comply with section 212.0505. See §§ 212.18(2), 212.0505(3), Fla. Stat. (Supp. 1988). In the…1] In my view, section 212.0505(3) and section 212.18(2) must be read in pari materia. 91-1913

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Court: Fla. Att'y Gen. | Date Filed: 1988-09-09T00:53:00-07:00

Snippet: development tax revenues may be put. 7 Compare, s. 212.18, F.S., setting forth methods for administering

FLA. EXPORT TOBACCO v. Dept. of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 1987-06-26T00:53:00-07:00

Citation: 510 So. 2d 936

Snippet: at the time of this dispute. See §§ 213.05 and 212.18(2), Fla. Stat. (1979). The statutory authority

Golden Nugget Group v. METROPOLITAN DADE

Court: Fla. | Date Filed: 1985-02-07T23:53:00-08:00

Citation: 464 So. 2d 535

Snippet: ordinance to be in irreconcilable conflict with section 212.18, Florida Statutes (1983), because it purports to…the general revenue fund as mandated by sections 212.18 and 212.20, Florida Statutes (1983). The revenues

METRO. DADE CTY. v. Golden Nugget Group

Court: Fla. Dist. Ct. App. | Date Filed: 1984-02-27T23:53:00-08:00

Citation: 448 So. 2d 515

Snippet: particularly Sections 212.18 and 212.20, Florida Statutes (1983). Section 212.18(2) provides: (2) The …found to be in irreconcilable conflict with Section 212.18, since it purports to authorize collection of the…the Department of Revenue as mandated by Section 212.18, and the funds paid over to the State Treasurer

Boca Raton Publishing Co. v. Department of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 1982-04-14T00:00:00-08:00

Citation: 413 So. 2d 106, 1982 Fla. App. LEXIS 19770

Snippet: erroneous or unauthorized. Sections 212.17, and 212.18, Florida Statutes, confer rule making power on

State Dept. of Revenue v. Anderson

Court: Fla. | Date Filed: 1981-07-23T00:53:00-07:00

Citation: 403 So. 2d 397

Snippet: business as a dealer[4] must register with DOR. § 212.18(3), Fla. Stat. *399 Pursuant to its rule-making…. § 212.06(2)(e), Fla. Stat. [5] §§ 212.17(6), 212.18(2), Fla. Stat. [6] The record does not reflect

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Court: Fla. Att'y Gen. | Date Filed: 1981-04-19T23:53:00-08:00

Snippet: assessment shall be payable upon receipt of such and s. 212.18(2), F.S., clearly states that the `use oftokens

State v. Scott

Court: Fla. Dist. Ct. App. | Date Filed: 1980-06-10T00:53:00-07:00

Citation: 385 So. 2d 1044

Snippet: Control and Safe Streets Act of 1968, 82 Stat. 212, 18 U.S.C. § 2510 et seq. (1964 Ed., Supp. V), and

Straughn v. O'RIORDAN

Court: Fla. | Date Filed: 1976-10-14T00:53:00-07:00

Citation: 338 So. 2d 832

Snippet: ROBERTS and HATCHETT, JJ., concur. NOTES [1] Section 212.18(3), Fla. Stat. (1973). [2] The trial court'

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Court: Fla. Att'y Gen. | Date Filed: 1974-08-06T00:53:00-07:00

Snippet: rule-making authority as provided by ss. 212.17(6) and 212.18(2), F.S., the Department of Revenue, which is charged

State ex rel. Szabo Food Services, Inc. of North Carolina v. Dickinson

Court: Fla. | Date Filed: 1973-10-31T00:00:00-08:00

Citation: 286 So. 2d 529, 1973 Fla. LEXIS 4159

Snippet: authority in Fla.Stat. (1969) §§ 212.17(6) and 212.18(2), F.S.A., formulated rules and regulations implementing