WATER TREATMENT PLANT NO. 2 - CONTRACT 1 - REMOTE WELL FACILITIES EXPANSION PROJECT - 10-0039-UT-A - ADDENDUM TO AGREEMENTADDENDUM TO AGREEMENT FOR CONSTRUCTION OF
WATER TREATMENT PLANT NO. 2 - CONTRACT 1: REMOTE WELL FACILITIES
EXPANSION PROJECT
CITY OF CLEARWATER CONTRACT No. 10- 0039- UT -(A)
In reference to contract #10- 0039- UT -(A) dated April 11, 2013 between City of Clearwater, the Owner, and Southeast Drilling
Services, Inc., the Contractor, it is further AGREED as follows:
1. The Owner has reserved the right to purchase certain portions of the material for the Project directly in order to save
applicable sales tax in compliance with Florida Law since owner is exempt from the payment of sales tax.
2. The attachments lettered "A ", "B ", and "C ", attached hereto (as amended by notations thereon) and incorporated
herein shall be executed by the Contractor and applicable Sub - contractors and the terms thereof shall govern the purchase of
materials for the Project as determined by the Owner.
3. The contract price shall be reduced by the cost of the materials purchased by owner plus the normally applicable
sales tax as bid by the Contractor even if the cost is in excess of the cost for the materials as bid by the Contractor. However,
for purposes of calculating engineering fees, contractor fees, architects fees, and any other amounts that are based on the
contract amount, the original contract amount shall be used.
4. The Contractor reserves the right to authorize payments for invoiced materials, prior to Owner's authorization
process, as outlined in Attachment "D ".
5. The Contractor will assist Owner in owner's direct purchase of materials for the project. However, owner
acknowledges that Contractor's Sub - contractors nonetheless each reserves the right to purchase project materials directly,
without Owner's prior approval and consequent power to eliminate reimbursement of sales tax.
This addendum, upon its execution by both parties, is made an integral part of the aforementioned agreement.
CITY OF CLEARWATER:
Date: S — /3 - 1
ham B. Horne, II
City Manager /Owner
ATTEST:
Rosemarie
City Cler
(City's
APP
CONTRACTOR:
Date: e1/4-1/ 3
Southeast ' g Services, Inc.
W. B. Z. - . President
ATTEST:
Camilo Soto
Assistant City Attorney
HD ODP 7- 11- 13Bart.doc
Secretary
9/27/2010
ATTACHMENT "A"
FROM: CITY OF CLEARWATER (OWNER)
TO: Southeast Drilling Service, Inc. (CONTRACTOR)
OWNER- FURNISHED MATERIALS
PROJECT: WATER TREATMENT PLANT No. 2 — CONTRACT 1: REMOTE WELL FACILITIES EXPANSION PROJECT (10-
0039-UT-(A))
1. The Contract Price includes Florida sales and other applicable taxes for material, supplies, and equipment
which will be a part of the Contractor's Work. The owner, being exempt from sales tax, reserves the right to make direct
purchases of various construction materials included in the Contractor's contract. Owner- purchasing of construction material, if
selected, will be administered on a deductive Change Order basis. Additionally, Purchase Orders will include Owner's
Certificate of Exemption number.
2. The Contractor shall provide the Owner a list of all intended suppliers, vendors, and material for consideration
as Owner - Furnished Materials. The Contractor shall submit price quotes from the vendors, as well as a description of the
materials to be supplied, estimated quantities, and prices.
3. The Contractor shall be fully responsible for all matters relating to the receipt of materials furnished by the
Owner in accordance with these Special Provisions including, but not limited to, verifying correct quantities, verifying documents
of orders in a timely manner, coordinating purchases, providing and obtaining all warranties and guarantees required by the
Contract Documents, inspection and acceptance of the goods at the time of delivery due to the negligence of the Contractor.
However, the owner assumes the risk of damage or loss during the time that the building materials are physically
stored at the job site prior to their installation or incorporation into the project. The Contractor shall coordinate delivery
schedules, sequence of delivery, loading orientation, and other arrangements normally required by the Contractor for the
particular material furnished. The Contractor shall provide all services required for the unloading and handling of materials. The
Contractor agrees to indemnify and hold harmless the Owner from any and all claims of whatever nature resulting from non-
payment of goods to suppliers arising from the action of the Contractor.
4. As Owner - Furnished Materials are delivered to the job site, the Contractor shall visually inspect all shipments
from the suppliers, and approve the vendor's invoice for material delivered. The Contractor shall assure that each delivery of
Owner - Furnished Materials is accompanied by documentation adequate to identify the Purchase Order against which the
purchase is made. This documentation may consist of a delivery ticket and an invoice from the supplier conforming to the
Purchase Order together with such additional information as the Owner may require. The Contractor will then forward the
invoice to the Owner for payment, pursuant to Attachment A of this Contract.
5. The Contractor shall insure that Owner - Fumished Materials conform to the Specifications and determine prior
to acceptance of goods at time of delivery if such materials are patently defective, and whether such materials are identical to
the materials ordered and match the description on the bill of lading. If the Contractor discovers defective or non - conformities in
Owner - Furnished Materials upon such visual inspection, the Contractor shall not utilize such nonconforming or defective
materials in the Contractor's Work and instead shall properly notify the Owner of the defective or nonconforming condition so
that repair or replacement of those materials can occur without undue delay or interruption to the Project. If the Contractor fails
to perform such inspection and otherwise incorporates into the Contractor's Work such defective or nonconforming Owner -
Furnished Materials, the condition of which it either knew or should have known by performance of an inspection, Contractor
shall be responsible for all damages to the Owner, resulting from Contractor's incorporation of such materials into the Project,
including liquidating or delay damages.
6. The Contractor shall maintain records of all Owner - Fumished Materials it incorporates into Contractor's Work
from the stock of Owner - Furnished Materials in its possession. The Contractor shall account monthly to the Owner for any
Owner - Furnished Materials delivered into the Contractor's possession, indicating portions of all such materials which have been
incorporated in the Contractor's Work.
7. The Contractor shall be responsible for obtaining and managing all warranties and guarantees for all materials
and products as required by the Contract Documents. All repair, maintenance, or damage - repair calls shall be forwarded to the
Contractor for resolution with the appropriate supplier, vendor, or subcontractor.
8. Notwithstanding the transfer of Owner - Furnished Materials by the Owner to the Contractor's possession, the
Owner shall retain legal and equitable title to any and all Owner- Furnished Materials.
9. The Owner shall indemnify and hold Contractor harmless from any sales tax (and interest and penalties
incurred in connection therewith) in the event there is a final determination that sales made by Owner, which Owner treats as
being exempt from sales tax, are subject to sales tax. "Final determination" shall mean an assessment by the Department of
Revenue that is no longer subject to protest, or a determination of a court having jurisdiction over such matters that is final and
not subject to appeal. Contractor agrees to promptly notify owner of any audit, assessment, proposed assessment or notice of
deficiency issued with regard to the Project and relating to Owner - Furnished Materials.
10. As invoices are received, Contractor shall be required to review invoices submitted by all suppliers of Owner -
Furnished Materials delivered to the Project during that delivery for use by the Contractor and either concur or object to the
Owner's issuance of payment to the suppliers, based upon Contractor's records of materials delivered to the site and any
defects in such materials.
11. In order to arrange for the prompt payment to the supplier, the Contractor shall provide to the Owner a listing
indicating the acceptance of the goods or materials within thirty (30) days of receipt of said goods or materials. The (list shall
include a copy of all applicable Purchase Orders which will include owner's Certificate of Exemption number, invoices, delivery
tickets, written acceptance of the delivered item, and such other documentation as may be reasonably required by the Owner.
The check will be released, delivered and remitted directly to the supplier. The Contractor agrees to assist the Owner to
immediately obtain partial or final release or waivers as appropriate. At the end of the Project, Contractor will be provided with a
deductive Change Order for the cost incurred by the Owner to provide all Owner - Furnished Materials. Salvage materials shall
be stored or removed from the site by the Contractor at the Owner's direction, or may be turned over to the Contractor for
salvage or disposal at the Contractor's option.
12. The Contractor shall be entitled to the benefits of any discounts attributable to the early payment of vendor
invoices for materials furnished by the Owner pursuant to the Specifications.
13. The Contract between Contractor and Owner is hereby amended to clarify that Owner - Fumished Material shall
be included in the Cost of the Work for the purpose of determining the Contract Sum due Contractor.
ATTACHMENT "B"
FROM Southeast Drilling Services, Inc. (CONTRACTOR)
TO HD Supply -Water Works Inc. (SUBCONTRACTOR)
OWNER- FURNISHED MATERIALS
PROJECT: WATER TREATMENT PLANT NO. 2 — CONTRACT 1: REMOTE WELL FACILITIES EXPANSION PROJECT (10-
0039-UT-(A))
1. The Contract Price includes Florida sales and other applicable taxes for material, supplies, and equipment
which will be a part of the Subcontractor's Work. The Owner, being exempt from sales tax, reserves the right to make direct
purchases of various construction materials included in the Subcontractor's contract. Owner - Purchasing of construction
material, if selected, will be administered on a deductive Change Order basis. Additionally, Purchase Orders will include
owner's Certification of Exemption number.
2. The Subcontractor shall provide the owner a list of all intended suppliers, vendors, and material for
consideration as Owner - Furnished Materials. The Subcontractor shall submit price quotes from the vendors, as well as a
description of the materials to be supplied, estimated quantities, and prices.
3. The Subcontractor shall be fully responsible for all matters relating to the receipt of materials furnished by the
Owner in accordance with these Special Provisions including, but not limited to, verifying correct quantities, verifying documents
of orders in a timely manner, coordinating purchases, providing and obtaining all warranties and guarantees required by the
Contract Documents, inspection and acceptance of the goods at the time of delivery due to the negligence of the
Subcontractor. However, the Owner assumes the risk of damage or loss during the time that the building materials are
physically stored at the job site prior to their installation or incorporation into the project. The Subcontractor shall coordinate
delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by the Subcontractor
for the particular material furnished. The Subcontractor shall provide all services required for the unloading and handling of
materials. The Subcontractor agrees to indemnify and hold harmless the Owner from any and all claims of whatever nature
resulting from non - payment of goods to suppliers arising from the action of the Subcontractor.
4. As Owner - Furnished Materials are delivered to the job site, the Subcontractor shall visually inspect all
shipments from the suppliers, and approve the vendor's invoice for material delivered. The Subcontractor shall assure that
each delivery of Owner - Furnished Materials is accompanied by documentation adequate to identify the Purchase Order against
which the purchase is made. This documentation may consist of a delivery ticket and an invoice from the supplier conforming to
the Purchase Order together with such additional information as the Owner may require. The Subcontractor will then forward
the invoice to the Owner for payment, pursuant to Attachment "A" of this Contract.
5. The Subcontractor shall insure that Owner- Furnished Materials conform to the Specifications and determine
prior to incorporation into the Subcontractor's Work if such materials are patently defective, and whether such materials are
identical to the materials ordered and match the description on the bill of lading. If the Subcontractor discovers defective or non -
conformities in Owner - Furnished Materials upon such visual inspection, the Subcontractor shall not utilize such nonconforming
or defective materials in the Subcontractor's Work and instead shall properly notify the Owner of the defective or
nonconforming condition so that repair or replacement of those materials can occur without undue delay or interruption to the
Project. If the Contractor fails to perform such inspection and otherwise incorporates into the Subcontractor's Work such
defective or nonconforming Owner - Furnished Materials, the condition of which it either knew or should have known by
performance of an inspection, Subcontractor shall be responsible for all damages to the owner, resulting from Subcontractor's
incorporation of such materials into the Project, including liquidating or delay damages.
6. The Subcontractor shall maintain records of all owner - Fumished Materials it incorporates into Subcontractor's
Work from the stock of Owner- furnished Materials in its possession. The Subcontractor shall account monthly to the Owner for
any owner- Furnished Materials delivered into the Subcontractor's possession, indicating portions of all such materials which
have been incorporated in the Subcontractor's Work.
7. The Subcontractor shall be responsible for obtaining and managing all warranties and guarantees for all
materials and products as required by the Contract Documents. All repair, maintenance, or damage - repair calls shall be
forwarded to the Subcontractor for resolution with the appropriate supplier, vendor, or sub - subcontractor.
8. Notwithstanding the transfer of Owner - Furnished Materials by the Owner to the Subcontractor's possession,
the Owner shall retain legal and equitable title to any and all Owner - Fumished Materials.
9. The Owner shall indemnify and hold Subcontractor harmless from any sales tax (and interest and penalties
incurred in connection therewith) in the event there is a final determination that sales made by Owner, which Owner treats as
being exempt from sales tax, are subject to sales tax. "Final determination" shall mean an assessment by the Department of
Revenue that is no longer subject to protest, or a determination of a court having jurisdiction over such matters that is final and
not subject to appeal. Subcontractor agrees to promptly notify Owner of any audit, assessment, proposed assessment or notice
of deficiency issued with regard to the Project and relating to Owner- Furnished Materials.
10. As invoices are received, Subcontractor shall be required to review invoices submitted by all suppliers of
Owner - Furnished Materials delivered to the Project during that delivery for use by the Subcontractor and either concur or object
to the Owner's issuance of payment to the suppliers, based upon Subcontractor's records of materials delivered to the site and
any defects in such materials.
11. In order to arrange for the prompt payment to the supplier, the Subcontractor shall provide to the Owner a
listing indicating the acceptance of the goods or materials within fifteen (15) days of receipt of said goods or materials. The list
shall include a copy of all applicable Purchase Orders which will include owner's Certificate of Exemption number, invoices,
delivery tickets, written acceptance of the delivered item, and such other documentation as may be reasonably required by the
Owner. The check will be released, delivered and remitted directly to the supplier. The Subcontractor agrees to assist the
Owner to immediately obtain partial or final release or waivers as appropriate. At the end of the Project, Subcontractor will be
provided with a deductive Change Order for the cost incurred by the Owner to provide all Owner- Furnished Materials. Salvage
materials shall be stored or removed from the site by the Subcontractor at the Owner's direction, or may be turned over to the
Subcontractor for salvage or disposal at the Subcontractor's option.
ATTACHMENT "C"
From: Southeast Drilling Services, Inc. (CONTRACTOR)
To: HD Supply -Water Works Inc. (SUBCONTRACTOR)
Project: WATER TREATMENT PLANT NO. 2 — CONTRACT 1: REMOTE WELL FACILITIES EXPANSION PROJECT (10-
0039-UT-(A))
This project qualifies the Owner to utilize its sales tax exemption for the purchase of materials used in the project. In order to do
this, the City of Clearwater, Florida, (Owner) must pay for the materials directly. This shall be accomplished in the following
manner:
1. Subcontracts will be issued by Contractor to Subcontractors in the usual manner, including sales tax.
2. Subcontractors will prepare their material orders and forward same to Contractor so that City of Clearwater
(owner) purchase orders may be placed for these materials.
3. Contractor will return to the Subcontractor a copy of the City of Clearwater (owner) purchase order on behalf of
the City of Clearwater (Owner). It shall read:
To: Supplier
For: Material per attached Subcontractor order,
4. The material supplier will then bill the City of Clearwater (Owner) c/o "Subcontractor' c/o Contractor.
Subcontractor will approve invoice and send to Contractor who will submit same to City of Clearwater (Owner)
for payment.
5. City of Clearwater (Owner) will then pay the invoice directly and the Subcontractor will be issued a deductive
change order for the amount of the invoice plus sales tax.
It is imperative that the Subcontractor approve the invoices and forward them to Contractor by the 25th of each month for
payment by the 30th of the following month. Those received after the 25th will be processed in the next month's billing cycle.
Clearwater
Engineering Department
WATER TREATMENT PLANT NO. 2 — CONTRACT 1: REMOTE WELL FACILITIES EXPANSION
PROJECT (10- 0039- UT -(A))
REQUEST TO REQUISITION
STANDARD PURCHASE ORDER
General Item Description: Flow Meters and Back Flow Preventer
Vendor: HD Supply -Water Works Inc. Contact: George Smith Email: George.Smith @hdsupply.com
Street Address: 6525 US Hwy 301
City /State /Zip: Tampa, FL 33601
Phone No:813/623 -3343
Receiving Location (Ship to): Southeast Drilling Services
Street Address: 1419 S MLK Jr Ave
City /State /Zip: Clearwater, FL 33756
Requested by: W. B. Ziegler /Pres /Southeast Drilling Email:wcz @southeastdrilling.net
Phone:813/968 -7277
Phone Number: 813/968 -7277
Date Needed by: ASAP
Expense Code: 031596767- 563800 - 533000 -0000
Line #
Quantity
Units
($, etc.)
Detailed Description
(List shipping & handling charges, if applicable)
Price Per
Each
Total
13A
1
LS
Flow Meters
$2,185
$2,185
25A
1
LS
Flow Meters
$2,185
$2,185
36A
1
LS
Flow Meters
$2,185
$2,185
47A
1
LS
Flow Meters
$2,185
$2,185
58A
1
LS
Flow Meters
$2,185
$2,185
70A
1
LS
Flow Meters
$2,185
$2,185
83A
1
LS
Flow Meters
$2,185
$2,185
94A
1
LS
Flow Meters
$2,185
$2,185
.
/A/ ( A
, I .
W.B. Zieo er
Requesting Official
Pres/Southeast Drillirl4,Services, Inc.
Date: v /r/f3
Title and Organization = Contractor
Date l'7 ' I /
it,cpr mg Official / ,} n %%
cif 144. title d Organization — C.E.I. Services
Completed forms are routed for approval to contracted C.E.&I. Firm and to Engineering. Engineering will process and provide records retention according
to City of Clearwater's Records Management Program.
ENGINEERING DEPARTMENT
WATER TREATMENT PLANT NO. 2 — CONTRACT 1: REMOTE WELL FACILITIES EXPANSION
PROJECT (10- 0039- UT -(A))
REQUEST TO REQUISITION
STANDARD PURCHASE ORDER
(Continuation page)
Requested by: W. B. Ziegler /Pres /Southeast Drilling Email:wcz @southeastdrilling.net
Phone:813/968 -7277
Phone Number: 813/968 -7277
Date Needed by: ASAP
Expense Code: 031596767- 563800 - 533000 -0000
Line #
Quantity
Units
($, etc.)
Detailed Description
(List shipping & handling charges, if
applicable)
Price Per
Each
Total
106A
1
LS
Flow Meters
$2,185
$2,185
119A
1
LS
Flow Meters
$2,185
$2,185
130A
1
LS
Flow Meters
$2,185
$2,185
142A
1
LS
Flow Meters
$2,185
$2,185
151A
1
LS
Flow Meters
$2,185
$2,185
160A
1
LS
Flow Meters
$2,185
$2,185
169A
1
LS
Flow Meters
$2,185
$2,185
178A
1
LS
Flow Meters
$2,185
$2,185
197A
1
LS
Flow Meters
$2,185
$2,185
198B
1
LS
Back Flow Prevention
Assemblies
$3,800
$3,800
Total PO
40,945.00
No Retainage to be withheld
Sales Tax Savings
2,506.70
Completed forms are routed for approval to contracted C.E.&I. Firm and to Engineering. Engineering will process
and provide records retention according to City of Clearwater's Records Management Program.
Page 2 of 2
Date: July 22, 2013
To: Southeast Drilling Services / City of Clearwater
Attn: Mr. Bart Ziegler
Subject: Owner Direct Purchases / Step Tax Calculations
Ladies and Gentlemen,
Regarding the limits on the amount of sales tax charged, per the Florida
Department of Revenue, Florida's Discretionary Sales Surtax — please see the
attached forms.
As you can see in the attached brochure, and as excerpted here:
"In many cases there is a limit to the amount of tax charged. Discretionary sales
surtax applies to the first $ 5,000.00 of the sales amount on the sale, use, lease,
rental, or license to use any item of tangible personal property."
Construction materials fall into the definition /scope of the above statement.
As a business operating within the State of Florida, and elsewhere, we must
dutifully collect sales tax revenues in accordance with the laws in force.
We cannot accept or operate in any manner outside of the dictates of the law.
Best regards,
Cindy Queen
Credit Manager
H -D Supply — Waterworks
Office: 407 -822 -2247 Office Fax: 407- 895 -9967
F Ll'di 17, A.
\ Surtax
OF REVENUE
Florida's Discretionary Sales
GT- 800019
R. 07/09
How it applies to transactions subject to sales and use tax, including sales of motor
vehicles, mobile homes, airplanes, and boats.
What Is Discretionary Sales Surtax?
Discretionary sales surtax, also called a county tax, is imposed by most Florida counties and applies to
most transactions subject to sales tax. The selling dealer must collect the surtax in addition to Florida's
general sales tax of 6 percent. The discretionary sales surtax is based on the rate in the county where
you deliver taxable goods or services. A few counties do not impose the surtax.
The Department of Revenue distributes the discretionary sales surtax collected back to the counties
that levy the surtax. Counties use these funds to help pay for local authorized projects.
Who Collects the Surtax?
Registered sales tax dealers, including out -of -state dealers, who sell and deliver taxable goods or
services within a county with the discretionary sales surtax must collect the tax from their customers
and pay the surtax to the Department. This applies to all selling dealers who make sales or deliveries
into a taxing county, no matter where the selling dealer is located.
Selling dealers do not collect surtax when the sale or delivery of taxable goods or services is in or into a
county that does not impose a surtax.
When Is a Transaction Subject to Surtax?
You must collect discretionary sales surtax when the transaction occurs in, or delivery is into, a county
that imposes a surtax and the sale is subject to sales and use tax. Use the chart to help you determine
when to collect discretionary sales surtax.
When and at What Rate to Collect Discretionary Sales Surtax (Local Option County Tax)
on Taxable Sales
If a selling
dealer located
in any Florida
county
with a
discretionary
surtax
sells &
delivers
into the county where
the selling dealer is
located
surtax is collected at
the county rate where
the delivery is made
If a selling
dealer located
in any Florida
county
with or without
a discretionary
surtax
sells &
delivers
into counties with
different discretionary
surtax rates
surtax is collected at
the county rate where
the delivery is made
If a selling
dealer located
in any Florida
county
with or without
a discretionary
surtax
sells &
delivers
into counties without a
discretionary surtax
surtax is not collected
If an out -of-
state selling
dealer
sells &
delivers
into a Florida county
with a discretionary
surtax
surtax is collected at
the county rate where
the delivery is made
If an out -of-
state selling
dealer
sells &
delivers
into a Florida county
without a discretionary
surtax
surtax is not collected
Florida Department of Revenue, Florida's Discretionary Sales Surtax, Page 1
How Do I Determine When a Transaction Occurs in a County Imposing a
Surtax?
Discretionary sales surtax applies to transactions when:
• The selling dealer delivers taxable goods or taxable service in or into a county with a surtax.
• The event for which an admission is charged is located in a county with a surtax. (Tax is due at
the rate in the county where the event takes place.)
• The consumer of electric power or energy is located in a county with a surtax.
• The sale of prepaid calling arrangements occurs in a county with a surtax.
• The location or delivery of tangible personal property covered by a service warranty is within a
surtax county. The person receiving consideration for the issuance of a service warranty from
the agreement holder must collect surtax at the rate imposed by that county.
• The commercial real property that is leased or rented, or upon which a license for use is
granted, is in a county with a surtax.
• The rental of living or sleeping accommodations (transient rentals) occurs in a county with a
surtax.
• A registered dealer owing use tax on purchases or leases is in a county with a surtax.
What Are the Discretionary Sales Surtax Rates?
The discretionary sales surtax rate depends on the county. Rates currently range from .25 percent to
1.5 percent. A few counties do not impose the surtax.
A list of Florida counties, their discretionary sales surtax rates, and appropriate dates (Form DR- 15DSS)
is posted on our Internet site at www.myflorida.com /dor. The form is updated every year.
Discretionary sales surtax rates can change. New rates become effective January 1st of each year;
although expiration dates vary, most surtax rates expire on December 31st. Periodically you should
check the expiration dates that we list on Form DR -15DSS to ensure that you are using the correct
rates.
Is There a Limit on the Amount of Tax Charged?
In many cases there is a limit to the amount of tax charged. Discretionary sales surtax applies to the
first $5,000 of the sales amount on the sale, use, lease, rental, or license to use any item of tangible
personal property. Tangible personal property is personal property that you can see, weigh, measure,
or touch or is in any manner perceptible to the senses, including electric power or energy.
Example: $7,000 dining room set delivered into a county with a 1% discretionary sales surtax.
$7,000 x 6% = $420
$5,000 x 1% = $ 50
Total Tax Due = $470
When a dealer sells multiple items of tangible personal property to the same purchaser at the same
time, the $5,000 limit applies when the sale or purchase is a single sale that meets at least one of
these conditions:
• The sale consists of multiple quantities of a single item that the dealer normally sells in multiple
quantities in the course of business or that the purchaser normally buys in the course of
business.
Florida Department of Revenue, Florida's Discretionary Sales Surtax, Page 2
t
• The items normally sell as a set or a unit and the use of each item depends on the set being
complete. You may not combine items that are not normally sold as a set or unit to qualify for
the $5,000 limit.
• The items normally sell in a single sale for the purchaser to use in its normal business practice
as an integrated unit.
• The items are component parts that have no use unless assembled with each other to form a
working unit or part of a working unit.
The $5,000 limit does not apply to the following types of transactions. Discretionary sales surtax is due
on the full amount.
• Sales of admissions.
• Sales and uses of services.
• Sales of service warranties.
• Charges for prepaid calling arrangements.
• Leases, rentals, and licenses to use real property or transient accommodations.
• Leases or rentals of parking or storage space for motor vehicles in parking lots or garages.
• Docking or storage space in boat docks and marinas.
• Tie -down or storage space for aircraft.
How Does the Surtax Apply to Motor Vehicles, Mobile Homes, Airplanes,
and Boats?
The discretionary sales surtax applies only to the first $5,000 of the total sales price of any motor
vehicle, mobile home, aircraft, or boat. The surtax applies as follows:
• Motor vehicles and mobile homes — The dealer must collect surtax when the residence
address of the purchaser on the title or registration is located within a surtax county.
• Aircraft and boats — The dealer must collect surtax when delivery of the aircraft or boat is to a
location within a surtax county.
Sales Tax Paid to Another State
We will allow a credit for sales tax paid to another state or U.S. territory, if proof of payment is given.
The credit will be the amount paid to the other state, up to the amount due to Florida and the county of
registration. We will not allow a credit for any taxes paid to a foreign country.
How and When to File
Selling dealers pay discretionary sales surtax along with sales and use tax on the Sales and Use Tax
Return (Form DR -15 or DR- 15EZ). Returns and payments are due on the 1st and late after the 20th
day of the month after the date of sale, no matter when the customer makes payment. For example, if
the sale takes place on the 1st of one month, then tax is due the 1st of the next month.
Returns and payments postmarked after the 20th are late. However, if the 20th falls on a Saturday,
Sunday, or federal or state holiday, they will not be late if postmarked on the first business day after the
20th.
Florida Department of Revenue, Florida's Discretionary Sales Surtax, Page 3
ti
Penalty and Interest
If returns and payments are not postmarked or hand - delivered on or before the due date, you will owe a
late penalty of 10 percent of the amount of tax due. Penalty also applies if you submit the return
and /or payment on time but incomplete. You will owe a minimum penalty of $50 on late returns, even if
no tax is due.
A floating rate of interest applies to underpayments and late payments of tax. We update the rate
January 1 and July 1 of each year by using the formula established in section 213.235, Florida
Statutes. Current and prior period interest rates are posted on our web site.
Reference Material
Tax Laws — Our online Tax Law Library contains statutes, rules, legislative changes, opinions, court
cases, and publications. Search the law library for Rule 12A -15, Florida Administrative Code,
Discretionary Sales Surtax.
Brochures — You can download industry- specific brochures from our "Forms and Publications" page.
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Taxpayer Services
Florida Department of Revenue
5050 W Tennessee St Bldg L
Tallahassee FL 32399 -0112
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Florida Department of Revenue, Florida's Discretionary Sales Surtax, Page 4