Fla. Stat. 213.755
Filing of returns and payment of taxes by electronic means


(1)

The executive director of the Department of Revenue shall have authority to require a taxpayer to file returns and remit payments by electronic means where the taxpayer is subject to tax and has paid that tax in the prior state fiscal year in an amount greater than or equal to $5,000. Any taxpayer who operates two or more places of business for which returns are required to be filed with the department shall combine the tax payments for all such locations in order to determine whether they are obligated under this section. This subsection does not override additional requirements in any provision of a revenue law which the department has the responsibility for regulating, controlling, and administering.

(2)

As used in any revenue law administered by the department, the term:“Payment” means any payment or remittance required to be made or paid within a prescribed period or on or before a prescribed date under the authority of any provision of a revenue law which the department has the responsibility for regulating, controlling, and administering. The term does not include any remittance unless the amount of the remittance is actually received by the department.“Return” means any report, claim, statement, notice, application, affidavit, or other document required to be filed within a prescribed period or on or before a prescribed date under the authority of any provision of a revenue law which the department has the responsibility of regulating, controlling, and administering.“Electronic means” includes, but is not limited to, electronic data interchange; electronic funds transfer; or use of the Internet, telephone, or other technology specified by the department.

(a)

“Payment” means any payment or remittance required to be made or paid within a prescribed period or on or before a prescribed date under the authority of any provision of a revenue law which the department has the responsibility for regulating, controlling, and administering. The term does not include any remittance unless the amount of the remittance is actually received by the department.

(b)

“Return” means any report, claim, statement, notice, application, affidavit, or other document required to be filed within a prescribed period or on or before a prescribed date under the authority of any provision of a revenue law which the department has the responsibility of regulating, controlling, and administering.

(c)

“Electronic means” includes, but is not limited to, electronic data interchange; electronic funds transfer; or use of the Internet, telephone, or other technology specified by the department.

(3)

Solely for the purposes of administering this section:Taxes levied under parts I and II of chapter 206 shall be considered a single tax.A person required to remit a tax acting as a collection agent or dealer for the state shall nonetheless be considered the taxpayer.

(a)

Taxes levied under parts I and II of chapter 206 shall be considered a single tax.

(b)

A person required to remit a tax acting as a collection agent or dealer for the state shall nonetheless be considered the taxpayer.

(4)

The executive director may require a taxpayer to file by electronic means returns for which no tax is due for the specific taxing period.

(5)

Consolidated filers shall file returns and remit taxes by electronic means.

(6)

A taxpayer required to file returns by electronic means shall also remit payments by electronic means. A taxpayer who fails to file returns pursuant to this section is liable for a penalty of $10 for each report submitted, which is in addition to any other penalty that may be applicable, unless the taxpayer has first obtained a waiver of such requirement from the department. A taxpayer who fails to remit payments pursuant to this section is liable for a penalty of $10 for each remittance submitted, which is in addition to any other penalty that may be applicable.

(7)

The department shall give due regard to developing uniform standards for formats as adopted by the American National Standards Institute for encryption and taxpayer authentication to ensure that the return and payment information is kept confidential. The department shall also provide several options for filing reports and remitting payments by electronic means in order to make compliance with the requirements of this section as simple as possible for the taxpayer.

(8)

The department shall prescribe by rule the format and instructions necessary for filing returns and reports and for remitting payments in accordance with this section to ensure a full collection of taxes, interest, and penalties due. The acceptable method of transfer; the method, form, and content of the electronic filing of returns or remittance of payments of tax, penalty, or interest; and the means, if any, by which the taxpayer will be provided with an acknowledgment of receipt shall be prescribed by the department.

(9)

The department may waive the requirement to file a return by electronic means for taxpayers that are unable to comply despite good faith efforts or due to circumstances beyond the taxpayer’s reasonable control.As prescribed by the department, grounds for approving the waiver include, but are not limited to, circumstances in which the taxpayer, the owner, or an officer of the business, or the taxpayer’s accountant or bookkeeper, does not:
Currently file information or data electronically with any business or government agency; or
Have a compatible computer that meets or exceeds the department’s minimum standards.
The department shall accept other reasons for requesting a waiver from the requirement to submit a return by electronic means, including, but not limited to:
That the taxpayer needs additional time to program his or her computer;
That complying with this requirement causes the taxpayer financial hardship; or
That complying with this requirement conflicts with the taxpayer’s business procedures.
The department may establish by rule the length of time a waiver is valid and may determine whether subsequent waivers will be authorized, based on the provisions of this subsection.

(a)

As prescribed by the department, grounds for approving the waiver include, but are not limited to, circumstances in which the taxpayer, the owner, or an officer of the business, or the taxpayer’s accountant or bookkeeper, does not:Currently file information or data electronically with any business or government agency; orHave a compatible computer that meets or exceeds the department’s minimum standards.
1. Currently file information or data electronically with any business or government agency; or
2. Have a compatible computer that meets or exceeds the department’s minimum standards.

(b)

The department shall accept other reasons for requesting a waiver from the requirement to submit a return by electronic means, including, but not limited to:That the taxpayer needs additional time to program his or her computer;That complying with this requirement causes the taxpayer financial hardship; orThat complying with this requirement conflicts with the taxpayer’s business procedures.
1. That the taxpayer needs additional time to program his or her computer;
2. That complying with this requirement causes the taxpayer financial hardship; or
3. That complying with this requirement conflicts with the taxpayer’s business procedures.

(c)

The department may establish by rule the length of time a waiver is valid and may determine whether subsequent waivers will be authorized, based on the provisions of this subsection.

Source: Section 213.755 — Filing of returns and payment of taxes by electronic means, https://www.­flsenate.­gov/Laws/Statutes/2024/0213.­755 (accessed Aug. 7, 2025).

213.05
Department of Revenue
213.06
Rules of department
213.10
Deposit of tax moneys collected
213.12
Certain state-chartered financial institutions
213.13
Electronic remittance and distribution of funds collected by clerks of the court
213.015
Taxpayer rights
213.018
Taxpayer problem resolution program
213.21
Informal conferences
213.22
Technical assistance advisements
213.23
Consent agreements extending the period subject to assessment or available for refund
213.24
Accrual of penalties and interest on deficiencies
213.25
Refunds
213.025
Audits, inspections, and interviews
213.26
Contracts with county tax collectors
213.27
Contracts with debt collection agencies and certain vendors
213.28
Contracts with private auditors
213.29
Failure to collect and pay over tax or attempt to evade or defeat tax
213.30
Compensation for information relating to a violation of the tax laws
213.34
Authority to audit
213.35
Books and records
213.37
Authority to require sworn statements
213.50
Failure to comply
213.051
Service of subpoenas
213.053
Confidentiality and information sharing
213.055
Declared emergency
213.67
Garnishment
213.68
Garnishment
213.69
Authority to issue warrants
213.70
Taxpayers’ escrow requirement
213.071
Certification under seal of certain records by executive director
213.73
Manner and conditions of sale of property subject of a levy by the Department of Revenue
213.74
Certificate of sale
213.75
Application of payments
213.131
Clerks of the Court Trust Fund within the Department of Revenue
213.235
Determination of interest on deficiencies
213.255
Interest
213.256
Simplified Sales and Use Tax Administration Act
213.285
Certified audits
213.295
Automated sales suppression devices
213.345
Tolling of periods during an audit
213.0532
Information-sharing agreements with financial institutions
213.0535
Registration Information Sharing and Exchange Program
213.0537
Electronic notification with affirmative consent
213.692
Integrated enforcement authority
213.731
Collection action
213.732
Jeopardy findings and assessments
213.733
Satisfaction of warrant
213.755
Filing of returns and payment of taxes by electronic means
213.756
Funds collected are state tax funds
213.757
Willful failure to pay over funds or destruction of records by agent
213.758
Transfer of tax liabilities
213.2201
Publications by the department

Current through Fall 2025

§ 213.755. Filing of returns & payment of taxes by electronic means's source at flsenate​.gov