Businesses pay and report the following fees or surcharges on the
Solid Waste and Surcharge Return
(Form DR-15SW
).
Lead-Acid Battery Fee
A fee of $1.50 applies to each new or remanufactured lead-acid battery
designed for use in a motor vehicle (on-road or off-road), vessel, or
aircraft sold at retail. The fee applies whether the battery is sold
separately or as a component part of a vehicle, vessel, or aircraft.
The fee does not apply to sales for resale.
The fee is imposed upon the dealer selling a new or remanufactured
lead-acid battery, not the purchaser. Therefore, the fee applies even
when a dealer makes a retail sale of a new or remanufactured lead-acid
battery to a governmental entity or an organization that holds a
Florida Consumer’s Certificate of Exemption.
Reference: Section 403.7185, Florida Statutes
New Tire Fee
A $1.00 fee is due whether a new tire is sold separately or as a
component part of a vehicle. The fee must be separately stated on the
sales invoice and included in the total amount subject to sales tax.
This fee is imposed on retail dealers of new motor vehicle tires,
including those sold to governmental entities or to nonprofit
organizations, when the sales are made in Florida.
A "new tire" is one that has never been used on or off the roads of
Florida. This does not include recaps.
A "motor vehicle" is one that transports people or cargo, such as
automobiles, motorcycles, trucks, trailers, semi-trailers, and truck
tractors. It also includes vehicles that operate on and off the roads
of Florida, such as golf carts, all-terrain vehicles, and travel
trailers.
Reference: Section 403.718, Florida Statutes
Rental Car Surcharge
In Florida, a rental car surcharge is imposed on:
-
the lease or rental of a for-hire passenger motor vehicle through a
motor vehicle rental company.
-
the use of a for-hire passenger motor by a member of a car-sharing
service.
-
each peer-to-peer car sharing program agreement involving a shared
vehicle.
Motor Vehicle Rental Company
A surcharge of $2.00 per day or any part of a day applies to the lease
or rental of a for-hire passenger motor vehicle from a motor vehicle
rental company. The surcharge applies to only the first 30 days of the
term of a lease or rental and must be collected by the motor vehicle
rental company.
A motor vehicle rental company means an entity that is in the
business of providing, for financial consideration, motor vehicles to
the public under a rental agreement.
A for-hire passenger motor vehicle means a motor vehicle
designed to carry fewer than nine passengers and is leased or rented
for financial consideration without the transfer or title, regardless
of whether the motor vehicle is licensed in Florida.
Car-Sharing Service Agreements
A surcharge of $1.00 applies to the use of a for-hire passenger motor
vehicle by a member of a car-sharing service if the usage period is
less than 24 hours. When the usage period is 24 hours or more, a
surcharge of $2.00 per day or any part of a day applies.
A car-sharing service is a membership-based organization,
business, or division that requires the payment of an application or
membership fee and provides member access to motor vehicles owned or
controlled by the car-sharing service or its affiliates:
-
On an hourly basis, or for shorter periods, 24 hours per day, 7 days
per week;
-
Only at locations that are not staffed by car-sharing service
personnel employed solely for interacting with car-sharing service
members;
-
Only through automated means (e.g., smartphone applications or
electronic membership cards); and
-
Without a separate fee for refueling or for minimum financial
responsibility liability insurance.
Peer-to-Peer Car Sharing Programs
A surcharge of $1.00 per day or any part of a day applies to each
peer-to-peer car sharing program agreement involving a shared vehicle.
A peer-to-peer car-sharing program is a business platform that
enables peer-to-peer car sharing by connecting motor vehicle owners
with drivers for financial consideration.
A shared vehicle is a vehicle registered in Florida, designed
to carry fewer than nine passengers, and offered for use for a
consideration through a car-sharing program.
Reporting the Surcharge by County (DR-15SWS Schedule)
The rental car surcharge is required to be reported according to the
county to which the surcharge is attributed. Except for peer-to-peer
car-sharing, this means the location where the vehicle is picked up by
the customer. For peer-to-peer car-sharing, the surcharge shall be
attributable to the county corresponding to the location of the motor
vehicle at the car-sharing start time.
Dealers who electronically file their
Solid Waste and Surcharge Return
(Form DR-15SW) must also complete the DR-15SWS schedule
electronically.
Reference: Section 212.0606, Florida Statutes
Registration and Account Changes
Every person wishing to engage in business as a dealer must register
with the Department. Generally, each business location must be
separately registered. Car-sharing services and peer-to-peer car
sharing programs are required to obtain one registration for each
county in which business is conducted.
To register as a dealer to collect, report, and remit the lead-acid
battery fee, new tire fee, or rental car surcharge, use the
online registration
system or submit a paper
Florida Business Tax Application
(Form DR-1
).
For more information about registering with the Department, see
Registering Your Business (Form DR-1N
).
When to Notify the Department
You must notify the Florida Department of Revenue if you:
- Change your business name;
- Change your mailing address;
- Change your location address within the same county;
- Close or sell your business; or
-
Temporarily inactivated your account and are resuming business.
The quickest way to notify the Department of these changes is
online.
When to Submit a New Tax Application
You must submit a new registration using the
online registration
system or complete a paper
Florida Business Tax Application
(Form DR-1
) if you:
- Change your legal entity; or
- Change the ownership of your business.
File and Pay Fees and Surcharge
The lead-acid battery fee, new tire fee, and rental car surcharge are
reported using a
Solid Waste and Surcharge Return
(Form DR-15SW
). Instructions (Form DR-15SWN
) are available. You can file and pay solid waste fees and rental car
surcharges electronically using the Department's free and secure
File and Pay
webpage, or you may buy software from a
vendor
.
Returns and payments are due on the 1st and late after the 20th day of
the month following each reporting period. If the 20th falls on a
Saturday, Sunday, or state or federal holiday, returns are timely if
filed electronically, postmarked or hand-delivered on the first
business day following the 20th.
A return must be filed for each reporting period, even if no fees
or surcharges are due.
Taxpayers who paid sales and use tax or lead-acid battery fees, new
tire fee, and rental surcharge in a combined amount of $5,000 or more
for all business locations in the prior state fiscal year (July 1 -
June 30) are required to file and pay electronically the next calendar
year.
When you electronically pay only or you electronically file and pay at
the same time, you must initiate your electronic payment and receive a
confirmation number no later than 5:00 p.m., ET, on the business day
prior to the 20th to avoid penalty and interest. For a list of the
electronic payment deadlines, visit the Department's Forms and
Publications webpage and select the current year
Florida eServices Calendar of Electronic Payment Deadlines
(Form DR-659) under the
eServices
section.
Returns and payments are due at the same time the taxpayer's sales and
use tax return is due. Taxpayers who are required to electronically
file and pay sales and use tax must also electronically file and pay
solid waste fees and surcharges.
If you file your return or pay tax late, a late penalty of 10% of the
amount of tax owed, but not less than $50, may be charged. The $50
minimum penalty applies even if no tax is due. Penalty will also be
charged if your return is incomplete. A floating rate of interest
applies to underpayments and late payments of tax. Interest rates can
be found on the Department's
Tax and Interest Rates
webpage.