Tampa Bay area residents and visitors could get a surtax settlement refund for an unconstitutional 1% sales surtax imposed in Hillsborough County.
The following is being released by the Hillsborough County Surtax Settlement Administrator:
Any person or business who lived in or visited Hillsborough County any time between 1/1/2019 and 3/15/2021, and who has not already filed a refund application with the Florida Department of Revenue, can claim a refund of some of the sales tax they paid during that time, as a result of a Settlement in a class action lawsuit.
The Settlement is about an unconstitutional 1% sales surtax imposed in Hillsborough County between 1/1/2019 and 3/15/2021, and resolves the case against the Defendants (Hillsborough County, the Florida Department of Revenue, and the Florida Legislature), who do not admit they did anything wrong, and releases all claims relating to the surtax. The Settlement will use all of the collected surtax (about $569 million) to pay money to eligible Class Members, as well as fund transportation projects and a temporary sales surtax holiday in Hillsborough County.
The surtax applied to most transactions subject to the state sales and use tax, such as retail purchases, payment for services, event tickets, hotel stays, service warranties, parking and storage space, docking fees, and commercial rent payments.
Those choosing to stay in the Settlement have two options: (1) provide receipts or other proof of taxable expenditures to receive a refund equal to the amount of their surtax payments; or (2) if they lived in Hillsborough County anytime between 1/1/2019 and 3/15/2021, and either can’t or don’t want to provide proof of taxable purchases, they can claim a standard award of up to $100, depending on the length of residency during that time. Eligible Class Members will need to submit a claim at www.FLTaxRefund.com by 12/31/2024, to get a payment. The Settlement Administrator will try to verify residency without requiring claimants to submit proof, but claimants may have to submit documentary proof in some circumstances. As with many settlements, if claims exceed the amount in the Settlement Fund, then payments may have to be reduced. If claims, fees, and expenses are less than the amount in the Settlement Fund, any leftover money will be used to extend the sales surtax holiday.
The Court has scheduled a virtual hearing at 2:00pm on 11/7/2024, to consider whether to approve the Settlement and the requested attorneys’ fees and expenses. Eligible consumers or businesses that want to object to the Settlement or opt out of the Settlement so they can sue the Defendants on their own must exclude themselves from the Class by 10/25/2024.