Florida law authorizes local governments to impose several types of local
option taxes. In some cases, the Florida Department of Revenue administers
the tax for the local government and in other cases the local government
administers the tax. When the Department administers the tax, its
responsibilities include collecting the tax and distributing the funds to
local governments to spend on locally authorized projects.
See below for brief descriptions of the local option taxes. For more
details, including eligibility requirements, administrative procedures,
formulas for distribution and revenue estimates, see the
Local Government Financial Information Handbook. This publication is prepared yearly by the Florida Legislature’s
Office of Economic and Demographic Research.
For data on local option and other taxes, visit the Department's
Tax Data
webpage.
Discretionary Sales Surtaxes
Nine different types of local discretionary sales surtaxes (also called
local option county sales taxes) are allowed by law and are potential
revenue sources for county and municipal governments and school
districts. Discretionary sales surtaxes apply to all transactions
subject to the state sales and communications services taxes.
Discretionary sales surtax rates vary from county to county, and are set
by the local government within the limits set by Florida Statutes. For a
list of discretionary sales surtax rates, visit the Department's Forms
and Publications webpage and select the current year
Discretionary Sales Surtax Information
(Form DR-15DSS) under the
Discretionary Sales Surtax
section, updated yearly in November. Read more about
discretionary sales surtax.
The Department administers, collects, and enforces discretionary sales
surtaxes. The Department transfers the proceeds of each county’s
collections to the Discretionary Sales Surtax Clearing Trust Fund. Each
county has a separate account in the fund.
The nine types of local discretionary sales surtaxes are:
- Charter County and Regional Transportation System
- County Public Hospital
- Emergency Fire Rescue Services and Facilities
- Indigent Care and Trauma Center
- Local Government Infrastructure
- Pension Liability
- School Capital Outlay
- Small County
- Voter-approved Indigent Care
References: Sections 212.054 and 212.055, Florida Statutes
Local Option Fuel Taxes
County governments are authorized to levy up to 12 cents of local option
fuel taxes in three separate levies on fuel sold within the county:
-
a ninth-cent fuel tax of 1 cent on every net gallon of motor and
diesel fuel sold within a county.
-
A tax of 1 to 6 cents on every net gallon of motor and diesel fuel
sold within a county.
-
A tax of 1 to 5 cents on every net gallon of motor fuel sold within a
county. Diesel fuel is not subject to this tax. Funds may also be used
to meet the requirements of the capital improvements element of an
adopted local government comprehensive plan.
The Department administers, collects, and enforces local option fuel
tax. The funds are used for transportation expenditures.
Note: The Florida Legislature has authorized the
statewide equalization of local option tax rates on diesel fuel. It
requires that the full 6 cents of the 1-to-6-cents fuel tax as well as
the 1-cent ninth-cent fuel tax be levied on diesel fuel in every county,
even though the county government may not have imposed tax on motor fuel
or may not be levying the tax on motor fuel at the maximum rate. As a
result, 7 cents' worth of local option tax revenue on diesel fuel is
distributed to local governments, regardless of whether the county is
levying these two taxes on motor fuel.
References: Sections 206.87(1)(b), 206.87(1)(c), 336.021, and 336.025,
Florida Statutes
Transient Rental Taxes/Tourist Development Taxes
In addition to state
sales and use tax
and
discretionary sales surtax, Florida law allows counties to impose local option transient rental
taxes on rentals or leases of accommodations in hotels, motels,
apartments, rooming houses, mobile home parks, RV parks, condominiums,
or timeshare resorts for a term of six months or less. The revenues may
be used for capital construction of tourist-related facilities, tourist
promotion, and beach and shoreline maintenance; however, the approved
uses vary according to the particular levy. Depending on a
county’s eligibility, the maximum tax rate varies from a minimum
of 3% to a maximum of 6%.
These local option taxes can be administered by the Florida Department
of Revenue or by local government. View a list of the
Local Option Transient Rental Tax Rates (Tourist Development Tax
Rates)
(Form DR-15TDT
).
Reference: Section 125.0104, Florida Statutes (F.S.)
-
1% or 2% Tax
This tourist development tax may be levied by the county’s governing
body at a rate of 1% or 2% on the total amount charged for transient
rental transactions. Generally, the revenues may be used for capital
construction of tourist-related facilities, tourist promotion, and
beach and shoreline maintenance.
Reference: Section 125.0104(3)(c), F.S.
-
Additional 1% Tax
In addition to the 1% or 2% tax, the county’s governing body may
levy an additional 1% tax on the total amount charged for transient
rental transactions. Generally, the revenues may be used for capital
construction of tourist-related facilities, tourist promotion, and
beach and shoreline maintenance.
To be eligible to levy the tax, a county must have levied the 1% or
2% tax for a minimum of 3 years before the effective date of the
levy and imposition of this additional 1% tax. If the 1% or 2% tax
is levied within a subcounty special district, then this additional
tax can be levied only in the district.
Reference: Section 125.0104(3)(d), F.S.
-
High Tourism Impact Tax
In addition to any other tourist development tax imposed, a county
with a high tourism impact may levy an additional 1% tax on the
total amount charged for transient rental transactions. The proceeds
must be used according to s. 125.0104(5), F.S. The provisions in s.
125.0104(4)(a)-(d), F.S., regarding the preparation of the county
tourist development plan do not apply to this tax.
Monroe, Orange, Osceola, Palm Beach and Pinellas Counties have
imposed the high tourism impact tax after being certified by the
Department as having met the required level of taxable transient
rental activity.
Reference: Section 125.0104(3)(m), F.S.
-
Professional Sports Franchise Facility Tax
In addition to any other tourist development tax imposed, a county
may levy up to an additional 1% tax on the total amount charged for
transient rental transactions. The revenues are used to pay the debt
service on bonds issued to finance professional sports franchise
facilities, retained spring training franchise facilities, and
convention centers. These funds can also be used to promote Florida
tourism, nationally and internationally.
The provisions in Section 125.0104(4)(a)-(d), F.S., regarding the
preparation of the county tourist development plan, do not apply to
this tax. Also, the provision in Section 125.0104(3)(b), F.S., that
prohibits any county authorized to levy a convention development tax
from levying more than the 2% tourist development tax does not apply
to this tax.
Reference: Section 125.0104(3)(l), F.S.
-
Additional Professional Sports Franchise Facility Tax
In addition to any other tourist development tax imposed, a county
that has levied the professional sports franchise facility tax may
levy an additional tax that is no greater than 1% on the total
amount charged for transient rental transactions. The proceeds are
to pay the debt service on bonds issued to finance professional
sports franchise facilities or retained spring training franchise
facilities, and to promote tourism.
The provisions in Section 125.0104(4), F.S., regarding the
preparation of the county tourist development plan, do not apply to
this tax. Except for Miami-Dade and Volusia Counties, any county
that has levied the professional sports franchise facility tax is
eligible to levy this tax. Any county authorized to levy the
consolidated county convention development tax is permitted to levy
this tax. This waiver applies only to Duval County.
Reference: Section 125.0104(3)(n), F.S.
Tourist Impact Tax
Any county creating a land authority under Section 380.0663(1), Florida
Statutes (F.S.), is authorized to levy a 1% tax on transient rental
facilities within the county area that is designated as an area of
critical state concern under Chapter 380, F.S. If the area(s) of
critical state concern are greater than 50% of the county’s total land
area, the tax may be levied countywide. View a list of the
Local Option Transient Rental Tax Rates (Tourist Development Tax
Rates)
(Form DR-15TDT
).
The funds are used to buy property in the area of critical state concern
and to offset the loss of ad valorem (property) taxes due to those land
acquisitions.
Designated areas of critical state concern include the Big Cypress Area
(mainly in Collier County), the Green Swamp Area in Central Florida, the
Florida Keys Area in South Florida, and the Apalachicola Bay Area in
Franklin County.
Reference: Section 125.0108, F.S.
Convention Development Taxes
Duval, Miami-Dade, and Volusia Counties are authorized to levy
convention development taxes on transient rental transactions.
Generally, the revenues may be used for capital construction of
convention centers and other tourist-related facilities as well as
tourist promotion; however, the authorized uses vary according to the
particular levy. Three of the five available levies apply to separate
taxing districts in Volusia County. The tax rates are either 2% or 3%,
depending on the particular levy. View a list of the
Local Option Transient Rental Tax Rates (Tourist Development Tax
Rates)
(Form DR-15TDT
).
Reference: Section 212.0305, Florida Statutes (F.S.)
-
Consolidated County Convention Development Tax
Each county operating under a government that is consolidated with
one or more municipalities in the county may impose a 2% tax on the
total amount charged for transient rental transactions. The county
designates the authority to administer and disburse the tax proceeds
and any other related source of revenue. Currently, only Duval
County is eligible to levy this tax. Duval County administers,
collects, and enforces this tax.
Reference: Section 212.0305(4)(a), F.S.
-
Charter County Convention Development Tax
Each county, as defined in Section 125.011(1), F.S., (i.e.,
Miami-Dade County) may impose a 3% tax on the total amount charged
for transient rental transactions. Currently, only Miami-Dade County
is eligible to levy this tax. Miami-Dade County administers,
collects, and enforces this tax.
Reference: Section 212.0305(4)(b), F.S.
-
Special District, Special, and Subcounty Convention Development
Taxes
Any county that meets the law’s requirements may impose a tax of up
to 3% on the total amount charged for transient rental transactions.
The tax proceeds are used to promote and advertise tourism, and to
fund convention bureaus, tourist bureaus, tourist information
centers, and news bureaus. Three separate taxes are authorized in
three separate taxing districts, but the combined effect is a
countywide tax. Currently, only Volusia County is eligible to levy
this tax. Volusia County administers, collects, and enforces this
tax.
References: Sections 212.0305(4)(c)-(e) and 212.03055, F.S.
Local Option Food and Beverage Taxes
Any county, as defined in Section 125.011(1), Florida Statutes (F.S.),
may impose two separate taxes:
-
A tax of 2% may be imposed on the sale of food, beverages, and
alcoholic beverages in hotels and motels. The funds are used to
promote the county and its municipalities as a destination for
conventions, trade shows, and pleasure travel.
-
A tax of 1% may be imposed on the sale of food, beverages, and
alcoholic beverages in certain establishments. The county must use at
least 15% of the funds to build and operate domestic violence centers.
The remainder is used to help the homeless or those about to become
homeless.
Currently, only Miami-Dade County is eligible to levy these taxes.
Miami-Dade County administers, collects, and enforces this tax.
Reference: Section 212.0306, F.S.
Municipal Resort Tax
Certain municipalities may impose a municipal resort tax for tourism
promotion activities, capital construction and maintenance of convention
and cultural facilities, and relief of ad valorem (property) taxes used
for those purposes. They may levy up to 4% on transient rental
transactions and up to 2% on the sale of food and beverages consumed in
restaurants and bars. Currently, only three municipalities in Miami-Dade
County (Bal Harbour, Miami Beach, and Surfside) are eligible to impose
this tax. These municipalities administer, collect, and enforce the tax
in their municipality.
Reference: Chapter 67-930, Laws of Florida, as amended by Chapters
82-142, 83-363, 93-286, and 94-344, Laws of Florida