Legal Opinion · Dissent

Alachua County v. Expedia, Inc.

District Court of Appeal of Florida

Decided February 28, 2013No. 1D12-2421Published

1DissentPadovano, J.

I respectfully dissent. The local option tourist development tax authorized by section 125.0104, Florida Statutes, is a tax on the amount of money a tourist pays to stay in a hotel in Florida. The portion of those funds earned by an online travel company, whether remitted by the hotel after payment of the bill or retained initially by the travel company at the time of the reservation, is subject to the tax. This conclusion is required not only by precedent we are bound to follow, but also by the plain language of the statute.

The holding by the majority that a portion of the total bill paid by…

2Cases cited10 opinions

  1. Miami Dolphins, Ltd. v. Metro. Dade CountySupreme Court of Florida · 1981
  2. Expedia, Inc. v. City of ColumbusSupreme Court of Georgia · 2009
  3. Maas Brothers, Inc. v. DickinsonSupreme Court of Florida · 1967
  4. Travelscape, LLC v. South Carolina Department of RevenueSupreme Court of South Carolina · 2011
  5. Reinish v. ClarkDistrict Court of Appeal of Florida · 2000

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