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Old 31-01-2008, 05:47   #31
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Originally Posted by Just a Tinch View Post
Not once was I boarded or checked by anyone.
from what I have experienced: the marine patrols are mostly interested in small powerboats. when I had my 17' mako they checked me out many times for fishing license and pfds or whatever. only once did the CG try to board me in Tampa while i was in a 32' sailboat but I told them it was too much trouble to stop (i was sailing) and they said ok. of course i live in north florida .. i am sure you might have a different experience trying to anchor in palm beach or miami areas. lots of folks down there think they own the waterways.
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Old 31-01-2008, 14:29   #32
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The "one" thing that FLORIDA has continued to do right is keep the "State Income Tax" at bay.........
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Old 31-01-2008, 18:05   #33
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The "one" thing that FLORIDA has continued to do right is keep the "State Income Tax" at bay.........
That is great and that post keeps coming up whenever anyone posts about problems boating in Floriduh but how is that an advantage to the boater passing through the state or planning to spend some time there just exploring? We were based out of the Keys for 10 years and that indeed was a benefit. But we no longer live there so for us and most boaters it is irrelevant.
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Old 31-01-2008, 22:03   #34
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Just my thoughts...

The reason we have such a messed up tax system (not just in Florida) is because we have an unexperienced & untrained government who favor there friends, there view or people who support there cause. There is no qualification required to be a politician other than a smooth talker.

Here's one small sample from the big picture: You can't do plumbing without special training and a license but you can make laws that regulate that plumber without any special knowledge of the field as long as your the government. hhhmmmm.

Till people stand up and rule there government things like the taxes talked about in this thread will only continue to grow.
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Old 01-02-2008, 05:36   #35
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The reason we have such a messed up tax system
We have an agreement around here that if there is a reason the tax system is screwed up you need to take the discussion some place else. There are real political sites on the Internet where you can talk with real politicians and really work for change.

It's easy to let threads like this slip into general politics so please avoid the tendency. We can lock the thread now or perhaps there is some actual boating related discussion left if you are willing to try.
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Old 01-02-2008, 19:59   #36
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My apologies, I did not mean to over step any forum rules.

The information on this site is very helpful & I appreciate Chuck Baier for taking the time to post the information that started this thread.
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Old 04-02-2008, 20:05   #37
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I agree with Pogo

To make things fare the Florida government (and all the other states that charge sales "use" tax on visiting boats) aught to charge the snow birds who drive down in there RV's every year! Why discriminate against just boaters?

I guess its just not enough that visitors buy fuel, food, souvenirs, ,etc etc...... The tax's are like icing on the cake.
They don't "discriminate" against boaters. If someone brings a vehicle into FL, and they stay over a specified period of time....they are required to register the vehicle in FL. Granted....many people ignore the rule, but some get caught at it.

But look at it this way...unlike boats that burn "untaxed" fuels...particularly diesel...RV's pay the exact same tax per gallon as semi's. So in reality, they are paying the price of admission.

RVer's also pay a 12% tax on the rental of the RV site they rent each night, week or month. In the area that I live in.... Punta Gorda....where RV sites are considered a "bargain" if you can get one for $700.00 a month, with most costing far more....and the nightly rates compete in the winter with the cost of a motel...the RVer actually pays far more in "taxes" than do boaters. A boater can anchor out...and pay nothing in taxes. If the boater is in FL waters for 90 days or less...they do not have the legal requirement to purchase the "Sojourners Permit". A boater can theoretically stay in FL waters for 90 days and not pay a penny of taxes, whereas an RVer will pay far more in 90 days than the cost of the Sojourners Permit. People renting apartments, motels, homes....for less than 181 days are subject to sales taxes. So there is no "discrimination" against boaters.

I'm a Florida resident and I pay sales tax on my monthly slip rental.... to the tune of about $400.00 a year. So in reality....visiting boaters have virtually nothing to complain about.

Like I said...everyone wants to come to "Paradise".....but no-one wants to buy a ticket.
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Old 05-02-2008, 02:11   #38
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Originally Posted by Just a Tinch View Post
... I'm a Florida resident and I pay sales tax on my monthly slip rental.... to the tune of about $400.00 a year. So in reality....visiting boaters have virtually nothing to complain about...
You should talk to your landlord about an annual “lease”, so you wouldn’t have to pay “hotel” tax.
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Old 05-02-2008, 04:24   #39
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It's not "hotel" tax. In Florida you also pay sales tax on commercial and residential leases. I have to agree that if you want to come to paradise, come to paradise (where ever that may be for you) and don't complain about the differences from "home". If it was just like "home", why bother going? Everyplace has its good and "bad" points, and I am sure that everyone has something negative to say about everyplace that is represented on this board. Just RELAX and enjoy where ever you end up and be happy you have the means to travel and sail . . .
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Old 05-02-2008, 05:15   #40
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I never paid the transient sales (hotel) tax on my liveaboard slip (Ft Lauderdale).

According to: FL Dept Rev - Sales and Use Tax on Rental of Living or Sleeping Accommodations

"... Certain leases and rentals are exempt from sales tax. The owner or owner's representative is required to keep documentation to support the exempt transaction. The following are exempt:
* Rental charges or room rates paid by a person who has a signed, bona fide written lease for a period of continuous residence longer than 6 months..."
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Old 05-02-2008, 09:11   #41
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Gord, Thanks for that link. I should clarify that on our slip...we do not pay the additional "hotel tax". We have been charged only the standard 6% sales tax on it. I have been thinking about questioning the Department of Revenue in Tallahassee as to whether or not we qualify for the exemption from sales tax as we do lease the slip on an annual basis, and have done so for some time.

Again, thanks!
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Old 05-02-2008, 09:18   #42
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Gord, Thanks for that link. I should clarify that on our slip...we do not pay the additional "hotel tax". We have been charged only the standard 6% sales tax on it. I have been thinking about questioning the Department of Revenue in Tallahassee as to whether or not we qualify for the exemption from sales tax as we do lease the slip on an annual basis, and have done so for some time.

Again, thanks!
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Old 05-02-2008, 09:40   #43
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Gord,

The 6% tax that is levied on boat slip rentals is actually not a 'sales tax'. It is called a privilage tax. It is levied against the owner of the waterfront property and he is allowed by statute to pass it on to the renter. This applies to municipalities as well as private owners.

I believe the controlling statute is FS 212.03 (6), but I'm not sure. In any case there are two Attorney General opinions on the matter. One is AGO 75-278 from 1975 and another from 2002 AGO 2002-34 which basically restates the 1978 opinion. They can be found on the Florida Attorney General site under opinions.

Richard
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Old 21-02-2008, 20:07   #44
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I queried Tallahassee about the possibility of the 6% not being charged on a liveaboard slip, and their response was that liveaboard slips are not exempt. Darn!!
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Old 22-02-2008, 12:35   #45
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Does the United States not have some sort of free trade agreement that would make taxing transients illegal?

Under Section 92 of the Australian Constitution trade between states must be free.
Yes we have a law like that. Article I Section 9 US Constitution "No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another." You see if you had a documented vessal from Calif. you would be required to pay sales and use tax, which they are very dilligent to collect. Then go to the peoples republick of florida . (From first post) Captain Alan Richard, assistant General Counsel of the Florida Fish and Wildlife Conservation Commission states that a documented vessel which is not registered in another state (ie have a decal or registration certificate), must either obtain registration in his home state (even if it is not required or available for a documented vessel), or register in a state where he is in transit in route to Florida. He states that "There is no grace peroid". Here are some of the correspondance from Capt. Richards which documents this stand: "The Florida certificate of registration is a seagoing tax receipt and the decal is a seagoing equivalent of a tax stamp. The certificate of registration issued for a documented vessel does not have an "FL" number on it. Instead of a Florida issued number, the certificate will list the vessel's federal documentation number. The issue is one of taxation, not identification of the vessel or proof of its ownership and liens. A documented vessel is only exempt from titling and numbering. Unless exempted under some other provision of law, all documented vessels must be registered (pay the tax for their use of Florida's waters).
One of the exemptions to the registration requirement provided in Florida law is for vessels (documented or numbered) that have paid a similar tax in another state. The owner of a federally documented vessel must have either: 1) Paid the Florida registration tax and have a Florida certificate of registration that is in full force and effect; or 2) Paid a registration tax to another state and have a certificate of registration that is in full force and effect from that other state. Otherwise, operation of the vessel upon the waters of this state is unlawful." You see they are not registering you, they are just collecting duty or tax, you already paid your taxes in calif, and are in comlpiance with calif registration law.(Article IV, Section 1 US Const.
Section 1 - Each State to Honor all others
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.) You see it used to be you had 90 days,which might be understandable for use, but the fact that you have to pay it immed. upon entering(actually before) means that you are "obliged".... "to clear, or pay Duties" The United States Constitution - The U.S. Constitution Online - USConstitution.net
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