Florida Statutes
Chapter 212 - Tax on Sales, Use, and Other Transactions
212.15 - Taxes Declared State Funds; Penalties for Failure to Remit Taxes; Due and Delinquent Dates; Judicial Review.


(1) The taxes imposed by this chapter shall, except as provided in s. 212.06(5)(a)2.e., become state funds at the moment of collection and shall for each month be due to the department on the first day of the succeeding month and be delinquent on the 21st day of such month. All returns postmarked after the 20th day of such month are delinquent.
(2) Any person who, with intent to unlawfully deprive or defraud the state of its moneys or the use or benefit thereof, fails to remit taxes collected or paid on behalf of a purchaser under this chapter commits theft of state funds, punishable as follows:
(a) If the total amount of stolen revenue is less than $1,000, the offense is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Upon a second conviction, the offender commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Upon a third or subsequent conviction, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the total amount of stolen revenue is $1,000 or more, but less than $20,000, the offense is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If the total amount of stolen revenue is $20,000 or more, but less than $100,000, the offense is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) If the total amount of stolen revenue is $100,000 or more, the offense is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
The amount of stolen revenue may be aggregated in determining the grade of the offense.

(3) Prosecution of a misdemeanor under this section shall commence no later than 2 years from the date of the offense. Prosecution of a felony under this section shall commence no later than 5 years from the date of the offense.
(4) All taxes collected under this chapter shall be remitted to the department. In addition to criminal sanctions, the department is empowered, and it shall be its duty, when any tax becomes delinquent or is otherwise in jeopardy under this chapter, to issue a warrant for the full amount of the tax due or estimated to be due, with the interest, penalties, and cost of collection, directed to all and singular the sheriffs of the state, and mail the warrant to the clerk of the circuit court of the county where any property of the taxpayer is located. Upon receipt of the warrant, the clerk of the circuit court shall record it, and thereupon the amount of the warrant shall become a lien on any real or personal property of the taxpayer in the same manner as a recorded judgment. The department may issue a tax execution to enforce the collection of taxes imposed by this chapter and deliver it to any sheriff. The sheriff shall thereupon proceed in the same manner as prescribed by law for executions and shall be entitled to the same fees for his or her services in executing the warrant to be collected. The department may also have a writ of garnishment to subject any indebtedness due to the delinquent dealer by a third person in any goods, money, chattels, or effects of the delinquent dealer in the hands, possession, or control of the third person in the manner provided by law for the payment of the tax due. Upon payment of the execution, warrant, judgment, or garnishment, the department shall satisfy the lien of record within 30 days. If there is jeopardy to the revenue and jeopardy is asserted in or with an assessment, the department shall proceed in the manner specified for jeopardy assessment in s. 213.732.
History.—s. 15, ch. 26319, 1949; s. 12, ch. 26871, 1951; s. 3, ch. 59-426; s. 7, ch. 61-276; s. 7, ch. 63-253; s. 5, ch. 65-371; s. 2, ch. 65-420; s. 12, ch. 67-180; s. 1, ch. 69-267; ss. 21, 35, ch. 69-106; s. 1, ch. 71-8; s. 42, ch. 71-355; s. 54, ch. 78-95; s. 5, ch. 79-359; s. 18, ch. 81-178; s. 118, ch. 81-259; s. 91, ch. 87-6; s. 59, ch. 87-101; s. 9, ch. 87-402; s. 24, ch. 91-224; s. 14, ch. 92-315; s. 13, ch. 93-233; s. 1120, ch. 95-147; s. 11, ch. 97-99; s. 6, ch. 2019-167; s. 23, ch. 2021-31.

Structure Florida Statutes

Florida Statutes

Title XIV - Taxation and Finance

Chapter 212 - Tax on Sales, Use, and Other Transactions

212.01 - Short Title.

212.02 - Definitions.

212.03 - Transient Rentals Tax; Rate, Procedure, Enforcement, Exemptions.

212.0305 - Convention Development Taxes; Intent; Administration; Authorization; Use of Proceeds.

212.03055 - Super Majority Vote Required for Levy at Rate in Excess of 2 Percent Under Ch. 95-290.

212.0306 - Local Option Food and Beverage Tax; Procedure for Levying; Authorized Uses; Administration.

212.031 - Tax on Rental or License Fee for Use of Real Property.

212.04 - Admissions Tax; Rate, Procedure, Enforcement.

212.05 - Sales, Storage, Use Tax.

212.0501 - Tax on Diesel Fuel for Business Purposes; Purchase, Storage, and Use.

212.05011 - Combined Rate for Tax Collected Pursuant to Ss. 203.01(1)(b)4. and 212.05(1)(e)1.c.

212.0506 - Taxation of Service Warranties.

212.051 - Equipment, Machinery, and Other Materials for Pollution Control; Not Subject to Sales or Use Tax.

212.0515 - Sales From Vending Machines; Sales to Vending Machine Operators; Special Provisions; Registration; Penalties.

212.052 - Research or Development Costs; Exemption.

212.054 - Discretionary Sales Surtax; Limitations, Administration, and Collection.

212.055 - Discretionary Sales Surtaxes; Legislative Intent; Authorization and Use of Proceeds.

212.0596 - Taxation of Remote Sales.

212.05965 - Taxation of Marketplace Sales.

212.0597 - Maximum Tax on Fractional Aircraft Ownership Interests.

212.0598 - Special Provisions; Air Carriers.

212.06 - Sales, Storage, Use Tax; Collectible From Dealers; “Dealer” Defined; Dealers to Collect From Purchasers; Legislative Intent as to Scope of Tax.

212.0601 - Use Taxes of Vehicle Dealers.

212.0602 - Education; Limited Exemption.

212.0606 - Rental Car Surcharge.

212.07 - Sales, Storage, Use Tax; Tax Added to Purchase Price; Dealer Not to Absorb; Liability of Purchasers Who Cannot Prove Payment of the Tax; Penalties; General Exemptions.

212.08 - Sales, Rental, Use, Consumption, Distribution, and Storage Tax; Specified Exemptions.

212.0801 - Qualified Aircraft Exemption.

212.081 - Legislative Intent.

212.0821 - Legislative Intent That Political Subdivisions and Public Libraries Use Their Sales Tax Exemption Certificates for Purchases on Behalf of Specified Groups.

212.084 - Review of Exemption Certificates; Reissuance; Specified Expiration Date; Temporary Exemption Certificates.

212.085 - Fraudulent Claim of Exemption; Penalties.

212.09 - Trade-Ins Deducted; Exception.

212.096 - Sales, Rental, Storage, Use Tax; Enterprise Zone Jobs Credit Against Sales Tax.

212.097 - Urban High-Crime Area Job Tax Credit Program.

212.098 - Rural Job Tax Credit Program.

212.099 - Credit for Contributions to Eligible Nonprofit Scholarship-Funding Organizations.

212.11 - Tax Returns and Regulations.

212.12 - Dealer’s Credit for Collecting Tax; Penalties for Noncompliance; Powers of Department of Revenue in Dealing With Delinquents; Rounding; Records Required.

212.13 - Records Required to Be Kept; Power to Inspect; Audit Procedure.

212.133 - Information Reports Required for Sales of Alcoholic Beverages and Tobacco Products.

212.134 - Information Returns Relating to Payment-Card and Third-Party Network Transactions.

212.14 - Departmental Powers; Hearings; Distress Warrants; Bonds; Subpoenas and Subpoenas Duces Tecum.

212.15 - Taxes Declared State Funds; Penalties for Failure to Remit Taxes; Due and Delinquent Dates; Judicial Review.

212.151 - Jurisdiction of Suits for Violation of Florida Revenue Act of 1949; Collection of Tax; Service on Retailers, Dealers or Vendors Not Qualified to Do Business in State.

212.16 - Importation of Goods; Permits; Seizure for Noncompliance; Procedure; Review.

212.17 - Tax Credits or Refunds.

212.18 - Administration of Law; Registration of Dealers; Rules.

212.181 - Determination of Business Address Situs, Distributions, and Adjustments.

212.183 - Rules for Self-Accrual of Sales Tax.

212.1831 - Credit for Contributions to Eligible Nonprofit Scholarship-Funding Organizations.

212.1832 - Credit for Contributions to Eligible Nonprofit Scholarship-Funding Organizations.

212.1833 - Credit for Contributions to the New Worlds Reading Initiative.

212.1834 - Credit for Contributions to Eligible Charitable Organizations.

212.184 - Rule of Construction; Disclosure of Privileged Information.

212.185 - Sales Tax Hotline.

212.186 - Registration Number and Resale Certificate Verification; Toll-Free Number; Information System; Dealer Education.

212.19 - All State Agencies to Cooperate in Administration of Law.

212.20 - Funds Collected, Disposition; Additional Powers of Department; Operational Expense; Refund of Taxes Adjudicated Unconstitutionally Collected.

212.202 - Renaming and Continuation of Certain Funds.

212.205 - Sales Tax Distribution Reporting.

212.21 - Declaration of Legislative Intent.

212.211 - Savings Provision.