Florida Senate - 2011                                     SB 376
       
       
       
       By Senator Gaetz
       
       
       
       
       4-00004B-11                                            2011376__
    1                        A bill to be entitled                      
    2         An act relating to the tax on sales, use, and other
    3         transactions; amending s. 125.0104, F.S.; providing
    4         definitions related to the tourist development tax;
    5         requiring the owner of or the person operating
    6         transient accommodations to separately state the
    7         amount of the tourist development tax collected and
    8         the consideration charged on a receipt, invoice, or
    9         other documentation; exempting certain unrelated
   10         persons from the requirement to separately state the
   11         amount of the tourist development tax; providing that
   12         the proceeds of the tourist development tax are county
   13         funds; amending s. 125.0108, F.S.; providing
   14         definitions related to the tourist impact tax;
   15         requiring the owner of or the person operating
   16         transient accommodations to separately state the
   17         amount of the tourist impact tax collected and the
   18         consideration charged on a receipt, invoice, or other
   19         documentation; exempting certain unrelated persons
   20         from the requirement to separately state the amount of
   21         the tourist impact tax; providing that the proceeds of
   22         the tourist impact tax are county funds; amending s.
   23         212.03, F.S.; providing definitions related to the
   24         transient rentals tax; requiring the owner of or the
   25         person operating transient accommodations to
   26         separately state the amount of the transient rentals
   27         tax collected and the consideration charged on a
   28         receipt, invoice, or other documentation; exempting
   29         certain unrelated persons from the requirement to
   30         separately state the amount of the transient rentals
   31         tax; providing that the proceeds of the transient
   32         rentals tax are state funds; amending s. 212.0305,
   33         F.S.; providing definitions related to the convention
   34         development tax; requiring the owner of or the person
   35         operating transient accommodations to separately state
   36         the amount of the convention development tax collected
   37         and the consideration charged on a receipt, invoice,
   38         or other documentation; exempting certain unrelated
   39         persons from the requirement to separately state the
   40         amount of the convention development tax; providing
   41         that the proceeds of the convention development tax
   42         are county funds; amending s. 213.30, F.S.;
   43         authorizing the Department of Revenue to compensate
   44         county governments for providing certain information
   45         to the department; specifying a payment amount;
   46         amending ss. 1 and 3, ch. 67-930, Laws of Florida, as
   47         amended; providing definitions relating to the
   48         municipal resort tax; requiring the owner of or the
   49         person operating transient accommodations to
   50         separately state the amount of the municipal resort
   51         tax on a receipt, invoice, or other documentation;
   52         exempting certain unrelated persons from the
   53         requirement to separately state the amount of the
   54         municipal resort tax; providing that the proceeds of
   55         the municipal resort tax are city or town funds;
   56         providing that the act is clarifying and remedial in
   57         nature; providing that the act does not affect
   58         litigation that was initiated before the effective
   59         date of the act and that relates to laws amended by
   60         the act; providing an effective date.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Paragraphs (a) and (f) of subsection (3) of
   65  section 125.0104, Florida Statutes, are amended to read:
   66         125.0104 Tourist development tax; procedure for levying;
   67  authorized uses; referendum; enforcement.—
   68         (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.—
   69         (a)1. It is declared to be the intent of the Legislature
   70  that every person who rents, leases, or lets for consideration
   71  any living quarters or accommodations in any hotel, apartment
   72  hotel, motel, resort motel, apartment, apartment motel,
   73  roominghouse, mobile home park, recreational vehicle park,
   74  condominium, or timeshare resort for a term of 6 months or less
   75  is exercising a privilege that which is subject to taxation
   76  under this section, unless such person rents, leases, or lets
   77  for consideration any living quarters or accommodations that
   78  which are exempt according to the provisions of chapter 212.
   79         2.a. Tax is shall be due on the consideration paid for
   80  occupancy in the county pursuant to a regulated short-term
   81  product, as defined in s. 721.05, or occupancy in the county
   82  pursuant to a product that would be deemed a regulated short
   83  term product if the agreement to purchase the short-term right
   84  had been were executed in this state. This Such tax shall be
   85  collected on the last day of occupancy within the county unless
   86  such consideration is applied to the purchase of a timeshare
   87  estate. The occupancy of an accommodation of a timeshare resort
   88  pursuant to a timeshare plan, a multisite timeshare plan, or an
   89  exchange transaction in an exchange program, as defined in s.
   90  721.05, by the owner of a timeshare interest or the such owner’s
   91  guest, if that which guest is not paying monetary consideration
   92  to the owner or to a third party for the benefit of the owner,
   93  is not a privilege subject to taxation under this section. A
   94  membership or transaction fee paid by a timeshare owner which
   95  that does not provide the timeshare owner with the right to
   96  occupy any specific timeshare unit but merely provides the
   97  timeshare owner with the opportunity to exchange a timeshare
   98  interest through an exchange program is a service charge and is
   99  not subject to taxation under this section.
  100         3.b. Consideration paid for the purchase of a timeshare
  101  license in a timeshare plan, as defined in s. 721.05, is rent
  102  subject to taxation under this section.
  103         4. As used in this section, the terms “consideration,”
  104  “rental,” and “rents” mean the amount received by the owner of
  105  or the person operating transient accommodations for the use of
  106  any living quarters or sleeping or housekeeping accommodations
  107  in, from, or a part of, or in connection with, a hotel,
  108  apartment house, roominghouse, timeshare resort, tourist or
  109  trailer camp, mobile home park, recreational vehicle park, or
  110  condominium. The term “person operating transient
  111  accommodations” means the person who conducts the daily affairs
  112  of the physical facilities that furnish transient accommodations
  113  and who is responsible for providing any of the services
  114  commonly associated with operating those facilities, including
  115  providing physical access, regardless of whether the commonly
  116  associated services are provided by an unrelated person. The
  117  terms “consideration,” “rental,” and “rents” do not include a
  118  payment received by an unrelated person from a lessee, tenant,
  119  or customer for facilitating the booking of reservations for or
  120  on behalf of the lessee, tenant, or customer at a hotel,
  121  apartment house, roominghouse, timeshare resort, tourist or
  122  trailer camp, mobile home park, recreational vehicle park, or
  123  condominium in this state. The term “unrelated person” means a
  124  person who is not related to the owner of or to the person
  125  operating transient accommodations within the meaning of s.
  126  1504, s. 267(b), or s. 707(b) of the Internal Revenue Code of
  127  1986, as amended.
  128         (f) The tourist development tax shall be charged by the
  129  person receiving the consideration for the lease or rental, and
  130  it shall be collected from the lessee, tenant, or customer at
  131  the time of payment of the consideration for the such lease or
  132  rental. The owner of or the person operating transient
  133  accommodations shall separately state the amount of the tax
  134  collected and the consideration charged on the receipt, invoice,
  135  or other documentation issued with respect to charges for
  136  transient accommodations. A person who facilitates the booking
  137  of a reservation and who is an unrelated person with respect to
  138  the owner of or person operating transient accommodations that
  139  are the subject of the booking is not required to separately
  140  state amounts charged on the receipt, invoice, or other
  141  documentation. Any amounts specifically collected as tax are
  142  county funds and shall be remitted as tax.
  143         Section 2. Section 125.0108, Florida Statutes, is amended
  144  to read:
  145         125.0108 Areas of critical state concern; tourist impact
  146  tax.—
  147         (1)(a) Subject to the provisions of this section, any
  148  county creating a land authority pursuant to s. 380.0663(1) is
  149  authorized to levy, by ordinance, in the area or areas within
  150  that said county designated as an area of critical state concern
  151  under pursuant to chapter 380, a tourist impact tax on the
  152  taxable privileges described in paragraph (2)(a) (b); however,
  153  if the area or areas of critical state concern exceed are
  154  greater than 50 percent of the land area of the county, the tax
  155  may be levied throughout the entire county. Such tax is shall
  156  not be effective unless and until land development regulations
  157  and a local comprehensive plan that meet the requirements of
  158  chapter 380 have become effective and such tax is approved by
  159  referendum as provided for in subsection (6) (5).
  160         (b) As used in this section, the terms “consideration,”
  161  “rental,” and “rents” mean the amount received by the owner of
  162  or the person operating transient accommodations for the use of
  163  any living quarters or sleeping or housekeeping accommodations
  164  in, from, or a part of, or in connection with, a hotel,
  165  apartment house, roominghouse, timeshare resort, tourist or
  166  trailer camp, mobile home park, recreational vehicle park, or
  167  condominium. The term “person operating transient
  168  accommodations” means the person who conducts the daily affairs
  169  of the physical facilities that furnish transient accommodations
  170  and who is responsible for providing any of the services
  171  commonly associated with operating those facilities, including
  172  providing physical access, regardless of whether those commonly
  173  associated services are provided by unrelated persons. The terms
  174  “consideration,” “rental,” and “rents” do not include a payment
  175  received by an unrelated person from a lessee, tenant, or
  176  customer for facilitating the booking of reservations for or on
  177  behalf of the lessee, tenant, or customers at a hotel, apartment
  178  house, roominghouse, timeshare resort, tourist or trailer camp,
  179  mobile home park, recreational vehicle park, or condominium in
  180  this state. The term “unrelated person” means a person who is
  181  not related to the owner of or to the person operating transient
  182  accommodations within the meaning of s. 1504, s. 267(b), or s.
  183  707(b) of the Internal Revenue Code of 1986, as amended.
  184         (2)(a)(b)1. It is declared to be the intent of the
  185  Legislature that every person who rents, leases, or lets for
  186  consideration any living quarters or accommodations in any
  187  hotel, apartment hotel, motel, resort motel, apartment,
  188  apartment motel, roominghouse, mobile home park, recreational
  189  vehicle park, condominium, or timeshare resort for a term of 6
  190  months or less, unless the such establishment is exempt from the
  191  tax imposed by s. 212.03, is exercising a taxable privilege on
  192  the proceeds therefrom under this section.
  193         (b)1.2.a. Tax is shall be due on the consideration paid for
  194  occupancy in the county pursuant to a regulated short-term
  195  product, as defined in s. 721.05, or occupancy in the county
  196  pursuant to a product that would be deemed a regulated short
  197  term product if the agreement to purchase the short-term right
  198  had been were executed in this state. This Such tax shall be
  199  collected on the last day of occupancy within the county unless
  200  such consideration is applied to the purchase of a timeshare
  201  estate. The occupancy of an accommodation of a timeshare resort
  202  pursuant to a timeshare plan, a multisite timeshare plan, or an
  203  exchange transaction in an exchange program, as defined in s.
  204  721.05, by the owner of a timeshare interest or his or her such
  205  owner’s guest, if that which guest is not paying monetary
  206  consideration to the owner or to a third party for the benefit
  207  of the owner, is not a privilege subject to taxation under this
  208  section. A membership or transaction fee paid by a timeshare
  209  owner which that does not provide the timeshare owner with the
  210  right to occupy any specific timeshare unit, but merely provides
  211  the timeshare owner with the opportunity to exchange a timeshare
  212  interest through an exchange program, is a service charge and is
  213  not subject to taxation under this section.
  214         2.b. Consideration paid for the purchase of a timeshare
  215  license in a timeshare plan, as defined in s. 721.05, is rent
  216  subject to taxation under this section.
  217         (c) The governing board of the county may, by passage of a
  218  resolution by four-fifths vote, repeal the such tax.
  219         (d) The tourist impact tax shall be levied at the rate of 1
  220  percent of each dollar and major fraction thereof of the total
  221  consideration charged for the such taxable privilege. When
  222  receipt of consideration is by way of property other than money,
  223  the tax shall be levied and imposed on the fair market value of
  224  the such nonmonetary consideration.
  225         (e) The tourist impact tax shall be in addition to any
  226  other tax imposed under pursuant to chapter 212 and in addition
  227  to all other taxes and fees and the consideration for the
  228  taxable privilege.
  229         (f) The tourist impact tax shall be charged by the person
  230  receiving the consideration for the taxable privilege, and it
  231  shall be collected from the lessee, tenant, or customer at the
  232  time of payment of the consideration for the such taxable
  233  privilege. The owner of or the person operating transient
  234  accommodations shall separately state the amount of the tax
  235  collected and the consideration charged on the receipt, invoice,
  236  or other documentation issued with respect to charges for
  237  transient accommodations. A person who facilitates the booking
  238  of a reservation and who is an unrelated person with respect to
  239  the owner of or person operating transient accommodations that
  240  are the subject of the booking is not required to separately
  241  state amounts charged on the receipt, invoice, or other
  242  documentation. Any amounts specifically collected as tax are
  243  county funds and shall be remitted as tax.
  244         (g) A county that has levied the tourist impact tax
  245  authorized by this section in an area or areas designated as an
  246  area of critical state concern for at least 20 consecutive years
  247  prior to removal of the designation may continue to levy the
  248  tourist impact tax in accordance with this section for 20 years
  249  following removal of the designation. After expiration of the
  250  20-year period, a county may continue to levy the tourist impact
  251  tax authorized by this section if the county adopts an ordinance
  252  reauthorizing levy of the tax and the continued levy of the tax
  253  is approved by referendum as provided for in subsection (6) (5).
  254         (3)(2)(a) The person receiving the consideration for the
  255  such taxable privilege and the person doing business within the
  256  such area or areas of critical state concern or within the
  257  entire county, as applicable, shall receive, account for, and
  258  remit the tourist impact tax to the Department of Revenue at the
  259  time and in the manner provided for persons who collect and
  260  remit taxes under chapter 212. The same duties and privileges
  261  imposed by chapter 212 upon dealers in tangible property,
  262  respecting the collection and remission of tax; the making of
  263  returns; the keeping of books, records, and accounts; and
  264  compliance with the rules of the Department of Revenue in the
  265  administration of that chapter shall apply to and are be binding
  266  upon all persons who are subject to the provisions of this
  267  section. However, the Department of Revenue may authorize a
  268  quarterly return and payment if when the tax remitted by the
  269  dealer for the preceding quarter did not exceed $25.
  270         (b) The Department of Revenue shall keep records showing
  271  the amount of taxes collected, which records shall also include
  272  records disclosing the amount of taxes collected for and from
  273  each county in which the tax imposed and authorized by this
  274  section is applicable. These records shall be open for
  275  inspection during the regular office hours of the Department of
  276  Revenue, subject to the provisions of s. 213.053.
  277         (c) Collections received by the Department of Revenue from
  278  the tax, less costs of administration of this section, shall be
  279  paid and returned monthly to the county and the land authority
  280  in accordance with the provisions of subsection (4) (3).
  281         (d) The Department of Revenue may is authorized to employ
  282  persons and incur other expenses for which funds are
  283  appropriated by the Legislature.
  284         (e) The Department of Revenue may adopt is empowered to
  285  promulgate such rules and prescribe and publish such forms as
  286  may be necessary to effectuate the purposes of this section. The
  287  department may is authorized to establish audit procedures and
  288  to assess for delinquent taxes.
  289         (f) The estimated tax provisions contained in s. 212.11 do
  290  not apply to the administration of any tax levied under this
  291  section.
  292         (4)(3) All tax revenues received under pursuant to this
  293  section, less administrative costs, shall be distributed as
  294  follows:
  295         (a) Fifty percent shall be transferred to the land
  296  authority to be used to purchase property in the area of
  297  critical state concern for which the revenue is generated. An
  298  amount not to exceed 5 percent may be used for administration
  299  and other costs incident to such purchases.
  300         (b) Fifty percent shall be distributed to the governing
  301  body of the county where the revenue was generated. Such
  302  proceeds shall be used to offset the loss of ad valorem taxes
  303  due to acquisitions provided for by this act.
  304         (5)(4)(a) Any person who is taxable under this section and
  305  hereunder who fails or refuses to charge and collect from the
  306  person paying for the taxable privilege the taxes herein
  307  provided in this section, either by himself or herself or
  308  through agents or employees, is, in addition to being personally
  309  liable for the payment of the tax and commits, guilty of a
  310  misdemeanor of the second degree, punishable as provided in s.
  311  775.082 or s. 775.083.
  312         (b) A person may not No person shall advertise or hold out
  313  to the public in any manner, directly or indirectly, that he or
  314  she will absorb all or any part of the tax; that he or she will
  315  relieve the person paying for the taxable privilege of the
  316  payment of all or any part of the tax; or that the tax will not
  317  be added to the consideration for the taxable privilege or that,
  318  when added, the tax or any part thereof will be refunded or
  319  refused, either directly or indirectly, by any method
  320  whatsoever. Any person who willfully violates any provision of
  321  this paragraph commits is guilty of a misdemeanor of the second
  322  degree, punishable as provided in s. 775.082 or s. 775.083.
  323         (c) The tax authorized to be levied under by this section
  324  constitutes shall constitute a lien on the property of the
  325  business, lessee, customer, or tenant in the same manner as, and
  326  is shall be collectible in the same manner as are, liens
  327  authorized and imposed in ss. 713.67, 713.68, and 713.69.
  328         (6)(5) The tourist impact tax authorized by this section
  329  shall take effect only upon express approval by a majority vote
  330  of those qualified electors in the area or areas of critical
  331  state concern in the county seeking to levy such tax, who vote
  332  voting in a referendum to be held by the governing board of such
  333  county in conjunction with a general or special election, in
  334  accordance with existing the provisions of law relating to
  335  elections currently in force. However, if the area or areas of
  336  critical state concern exceed are greater than 50 percent of the
  337  land area of the county and the tax is to be imposed throughout
  338  the entire county, the tax shall take effect only upon express
  339  approval of a majority of the qualified electors of the county
  340  voting in such a referendum.
  341         (7)(6) The effective date of the levy and imposition of the
  342  tourist impact tax authorized under this section shall be the
  343  first day of the second month following approval of the
  344  ordinance by referendum or the first day of any subsequent month
  345  as may be specified in the ordinance. A certified copy of the
  346  ordinance must shall include the time period and the effective
  347  date of the tax levy and shall be provided furnished by the
  348  county to the Department of Revenue within 10 days after passing
  349  an ordinance levying such tax and again within 10 days after
  350  approval by referendum of such tax. If applicable, the county
  351  levying the tax shall provide the Department of Revenue with a
  352  list of the businesses in the area of critical state concern
  353  where the tourist impact tax is levied by zip code or other
  354  means of identification. Notwithstanding the provisions of s.
  355  213.053, the Department of Revenue shall assist the county in
  356  compiling the such list of businesses. The tourist impact tax,
  357  if not repealed sooner pursuant to paragraph (2)(c) (1)(c),
  358  shall be repealed 10 years after the date the area of critical
  359  state concern designation is removed.
  360         Section 3. Paragraph (b) of subsection (1) and subsection
  361  (2) of section 212.03, Florida Statutes, are amended to read:
  362         212.03 Transient rentals tax; rate, procedure, enforcement,
  363  exemptions.—
  364         (1)
  365         (b)1. Tax is shall be due on the consideration paid for
  366  occupancy in the county pursuant to a regulated short-term
  367  product, as defined in s. 721.05, or occupancy in the county
  368  pursuant to a product that would be deemed a regulated short
  369  term product if the agreement to purchase the short-term right
  370  had been was executed in this state. Such tax shall be collected
  371  on the last day of occupancy within the county unless such
  372  consideration is applied to the purchase of a timeshare estate.
  373  The occupancy of an accommodation of a timeshare resort pursuant
  374  to a timeshare plan, a multisite timeshare plan, or an exchange
  375  transaction in an exchange program, as defined in s. 721.05, by
  376  the owner of a timeshare interest or such owner’s guest, if that
  377  which guest is not paying monetary consideration to the owner or
  378  to a third party for the benefit of the owner, is not a
  379  privilege subject to taxation under this section. A membership
  380  or transaction fee paid by a timeshare owner which that does not
  381  provide the timeshare owner with the right to occupy any
  382  specific timeshare unit but merely provides the timeshare owner
  383  with the opportunity to exchange a timeshare interest through an
  384  exchange program is a service charge and is not subject to
  385  taxation under this section.
  386         2. Consideration paid for the purchase of a timeshare
  387  license in a timeshare plan, as defined in s. 721.05, is rent
  388  subject to taxation under this section.
  389         3. As used in this section, the terms “rent,” “rental,”
  390  “rentals,” and “rental payments” mean the amount received by the
  391  owner of or the person operating transient accommodations for
  392  the use of any living quarters or sleeping or housekeeping
  393  accommodations in, from, or a part of, or in connection with, a
  394  hotel, apartment house, roominghouse, mobile home park,
  395  recreational vehicle park, condominium, timeshare resort, or
  396  tourist or trailer camp. The term “person operating transient
  397  accommodations” means the person who conducts the daily affairs
  398  of the physical facilities that offer transient accommodations
  399  and who is responsible for providing any of the services
  400  commonly associated with operating those facilities, including
  401  providing physical access, regardless of whether such commonly
  402  associated services are provided by an unrelated person. The
  403  terms “rent,” “rental,” “rentals,” and “rental payments” do not
  404  include a payment received by an unrelated person from a lessee,
  405  tenant, customer, or licensee for facilitating the booking of a
  406  reservation for or on behalf of the lessee, tenant, customer, or
  407  licensee at a hotel, apartment house, roominghouse, mobile home
  408  park, recreational vehicle park, condominium, timeshare resort,
  409  or tourist or trailer camp in this state. The term “unrelated
  410  person” means a person who is not related to the owner of or to
  411  the person operating transient accommodations within the meaning
  412  of s. 1504, s. 267(b), or s. 707(b) of the Internal Revenue Code
  413  of 1986, as amended.
  414         (2) The tax provided for in this section is herein shall be
  415  in addition to the total amount of the rental, shall be charged
  416  by the owner of or the lessor or person operating transient
  417  accommodations subject to the tax imposed under this chapter
  418  receiving the rent in and by the said rental arrangement to the
  419  lessee or person paying the rental, and is shall be due and
  420  payable at the time of the receipt of such rental payment by the
  421  owner of or the lessor or person operating the transient
  422  accommodations, as defined in this chapter, who receives said
  423  rental or payment. The owner of, lessor, or the person operating
  424  transient accommodations receiving the rent shall remit the tax
  425  to the department the tax on the amount of the rent received at
  426  the times and in the manner hereinafter provided in this section
  427  for dealers to remit taxes under this chapter. The same duties
  428  imposed by this chapter upon dealers in tangible personal
  429  property respecting the collection and remission of the tax; the
  430  making of returns; the keeping of books, records, and accounts;
  431  and the compliance with the rules and regulations of the
  432  department in the administration of this chapter shall apply to
  433  and are be binding upon all persons who manage or operate
  434  hotels, apartment houses, roominghouses, tourist and trailer
  435  camps, and the rental of condominium units, and to all persons
  436  who collect or receive such rents on behalf of owners or lessors
  437  such owner or lessor taxable under this chapter. The owner of or
  438  the person operating transient accommodations shall separately
  439  state the amount of tax collected and the consideration charged
  440  on the receipt, invoice, or other documentation issued with
  441  respect to charges for transient accommodations. A person who
  442  facilitates the booking of a reservation and who is an unrelated
  443  person with respect to the owner of or person operating
  444  transient accommodations that are the subject of the booking is
  445  not required to separately state amounts charged on the receipt,
  446  invoice, or other documentation issued by the person
  447  facilitating the booking of the reservation. Any amounts
  448  specifically collected as a tax are state funds and must be
  449  remitted as tax.
  450         Section 4. Paragraphs (a) and (b) of subsection (3) of
  451  section 212.0305, Florida Statutes, are amended to read:
  452         212.0305 Convention development taxes; intent;
  453  administration; authorization; use of proceeds.—
  454         (3) APPLICATION; ADMINISTRATION; PENALTIES.—
  455         (a)1. The convention development tax on transient rentals
  456  imposed by the governing body of a any county authorized to so
  457  levy that tax shall apply to the amount of any payment made by
  458  any person to rent, lease, or use for a period of 6 months or
  459  less any living quarters or accommodations in a hotel, apartment
  460  hotel, motel, resort motel, apartment, apartment motel,
  461  roominghouse, tourist or trailer camp, mobile home park,
  462  recreational vehicle park, condominium, or timeshare resort.
  463  When receipt of consideration is by way of property other than
  464  money, the tax shall be levied and imposed on the fair market
  465  value of the such nonmonetary consideration. Any payment made by
  466  a person to rent, lease, or use any living quarters or
  467  accommodations that which are exempt from the tax imposed under
  468  s. 212.03 is shall likewise be exempt from any tax imposed under
  469  this section.
  470         2.a. Tax is shall be due on the consideration paid for
  471  occupancy in the county pursuant to a regulated short-term
  472  product, as defined in s. 721.05, or occupancy in the county
  473  pursuant to a product that would be deemed a regulated short
  474  term product if the agreement to purchase the short-term right
  475  had been was executed in this state. Such tax shall be collected
  476  on the last day of occupancy within the county unless such
  477  consideration is applied to the purchase of a timeshare estate.
  478  The occupancy of an accommodation of a timeshare resort pursuant
  479  to a timeshare plan, a multisite timeshare plan, or an exchange
  480  transaction in an exchange program, as defined in s. 721.05, by
  481  the owner of a timeshare interest or such owner’s guest, if that
  482  which guest is not paying monetary consideration to the owner or
  483  to a third party for the benefit of the owner, is not a
  484  privilege subject to taxation under this section. A membership
  485  or transaction fee paid by a timeshare owner which that does not
  486  provide the timeshare owner with the right to occupy any
  487  specific timeshare unit but merely provides the timeshare owner
  488  with the opportunity to exchange a timeshare interest through an
  489  exchange program is a service charge and is not subject to
  490  taxation under this section.
  491         3.b. Consideration paid for the purchase of a timeshare
  492  license in a timeshare plan, as defined in s. 721.05, is rent
  493  subject to taxation under this section.
  494         4. As used in this section, the terms “consideration,”
  495  “rental,” and “rents” mean the amount received by the owner of
  496  or the person operating transient accommodations for the use of
  497  any living quarters or sleeping or housekeeping accommodations
  498  in, from, or a part of, or in connection with, a hotel,
  499  apartment house, roominghouse, timeshare resort, tourist or
  500  trailer camp, mobile home park, recreational vehicle park, or
  501  condominium. The term “person operating transient
  502  accommodations” means the person who conducts the daily affairs
  503  of the physical facilities that furnish transient accommodations
  504  and who is responsible for providing any of the services
  505  commonly associated with operating those facilities, including
  506  providing physical access, regardless of whether such commonly
  507  associated services are provided by an unrelated person. The
  508  terms “consideration,” “rental,” and “rents” do not include a
  509  payment received by an unrelated person from the lessee, tenant,
  510  or customer for facilitating the booking of reservations for or
  511  on behalf of the lessee, tenant, or customer at a hotel,
  512  apartment house, roominghouse, timeshare resort, tourist or
  513  trailer camp, mobile home park, recreational vehicle park, or
  514  condominium in this state. The term “unrelated person” means a
  515  person who is not related to the owner of or to the person
  516  operating transient accommodations within the meaning of s.
  517  1504, s. 267(b), or s. 707(b) of the Internal Revenue Code of
  518  1986, as amended.
  519         (b) The tax shall be charged by the person receiving the
  520  consideration for the lease or rental, and the tax shall be
  521  collected from the lessee, tenant, or customer at the time of
  522  payment of the consideration for such lease or rental. The owner
  523  of or the person operating transient accommodations shall
  524  separately state the amount of the tax collected and the
  525  consideration charged on the receipt, invoice, or other
  526  documentation issued with respect to charges for transient
  527  accommodations. A person who facilitates the booking of
  528  reservations and who is an unrelated person with respect to the
  529  owner of or person operating transient accommodations that are
  530  the subject of the booking is not required to separately state
  531  amounts charged on the receipt, invoice, or other documentation
  532  issued by the person facilitating the booking of the
  533  reservation. Any amounts specifically collected as a tax are
  534  county funds and must be remitted as tax.
  535         Section 5. Subsection (1) of section 213.30, Florida
  536  Statutes, is amended to read:
  537         213.30 Compensation for information relating to a violation
  538  of the tax laws.—
  539         (1) The executive director of the department, pursuant to
  540  rules adopted by the department, is authorized to compensate:
  541         (a) A county government that provides information to the
  542  department leading to:
  543         1. The punishment of, or collection of taxes, penalties, or
  544  interest from, any person with respect to the tax imposed by s.
  545  212.03. The amount of any payment made under this subparagraph
  546  may not exceed 10 percent of any tax, penalties, or interest
  547  collected as a result of such information.
  548         2. The identification and registration of a taxpayer who is
  549  not in compliance with the registration requirements of s.
  550  212.03. The amount of the payment made to any person who
  551  provides information to the department which results in the
  552  registration of a noncompliant taxpayer shall be $100. The
  553  reward authorized in this subparagraph shall be paid only if the
  554  noncompliant taxpayer:
  555         a. Is engaged in a bona fide taxable activity.
  556         b. Is found by the department to have an unpaid tax
  557  liability.
  558         (b) Persons providing information to the department leading
  559  to:
  560         1.(a) The punishment of, or collection of taxes, penalties,
  561  or interest from, any person with respect to the taxes
  562  enumerated in s. 213.05. The amount of any payment made under
  563  this subparagraph paragraph may not exceed 10 percent of any
  564  tax, penalties, or interest collected as a result of such
  565  information.
  566         2.(b) The identification and registration of a taxpayer who
  567  is not in compliance with the registration requirements of any
  568  tax statute that is listed in s. 213.05. The amount of the
  569  payment made to any person who provides information to the
  570  department which results in the registration of a noncompliant
  571  taxpayer shall be $100. The reward authorized in this
  572  subparagraph paragraph shall be paid only if the noncompliant
  573  taxpayer:
  574         a.1. Conducts business from a permanent, fixed location;
  575         b.2. Is engaged in a bona fide taxable activity; and
  576         c.3. Is found by the department to have an unpaid tax
  577  liability.
  578         Section 6. Sections 1 and 3 of chapter 67-930, Laws of
  579  Florida, as amended by chapters 93-286 and 94-344, Laws of
  580  Florida, are amended to read:
  581         Section 1. All cities and towns, in counties of the state
  582  having a population of not less than three hundred thirty
  583  thousand (330,000) and not more than three hundred forty
  584  thousand (340,000) and in counties having a population of more
  585  than nine hundred thousand (900,000), according to the latest
  586  official decennial census, whose charter specifically provides
  587  now or whose charter is so amended prior to January 1, 1968, for
  588  the levy of the exact tax as herein set forth, are hereby given
  589  the right, power and authority by ordinance to impose, levy and
  590  collect a tax within their corporate limits, to be known as a
  591  municipal resort tax, upon the rent of every occupancy of a room
  592  or rooms in any hotel, motel, apartment house, rooming house,
  593  tourist or trailer camp, as the same are defined in part I,
  594  chapter 212, Florida Statutes, and upon the retail sale price of
  595  all items of food or beverages sold at retail, and of alcoholic
  596  beverages, other than beer or malt beverages, sold at retail for
  597  consumption on the premises, at any place of business required
  598  by law to be licensed by the state hotel and restaurant
  599  commission or by the state beverage department; provided,
  600  however, this tax shall not apply to those sales the amount of
  601  which is less than fifty cents (50¢) nor to sales of food or
  602  beverages delivered to a person’s home under a contract
  603  providing for deliveries on a regular schedule when the price of
  604  each meal is less than ten dollars. As used in this section, the
  605  term “rent” means the amount received by the owner of or the
  606  person operating transient accommodations for the use of any
  607  living quarters or sleeping or housekeeping accommodations in,
  608  from, or a part of, or in connection with, a hotel, apartment
  609  hotel, motel, resort motel, apartment, roominghouse, timeshare
  610  resort, tourist or trailer camp, mobile home park, recreational
  611  vehicle park, or condominium. The term “person operating
  612  transient accommodations” means the person who conducts the
  613  daily affairs of the physical facilities that furnish transient
  614  accommodations and who is responsible for providing any of the
  615  services commonly associated with operating those facilities,
  616  including providing physical access, regardless of whether such
  617  commonly associated services are provided by unrelated persons.
  618  The term “rent” does not include a payment received by an
  619  unrelated person from a lessee, tenant, or customer for
  620  facilitating the booking of reservations for or on behalf of the
  621  lessee, tenant, or customer at a hotel, apartment hotel, motel,
  622  resort motel, apartment, roominghouse, timeshare resort, tourist
  623  or trailer camp, mobile home park, recreational vehicle park, or
  624  condominium in this state. The term “unrelated person” means a
  625  person who is not related to the owner of or to the person
  626  operating transient accommodations, within the meaning of s.
  627  1504, s. 267(b), or s. 707(b) of the Internal Revenue Code of
  628  1986, as amended.
  629         Section 3. The tax imposed by this act shall be collected
  630  by the owner of or the person operating transient accommodations
  631  from the person paying the said rent or the said retail sales
  632  price and shall be paid by such person for the use of the city
  633  or town to the person collecting and receiving the rent or the
  634  retail sales price at the time of the payment of the rent or the
  635  retail sales price thereof. It shall be the duty of every owner
  636  or person operating transient accommodations renting a room or
  637  rooms, as herein provided, and of every person selling at retail
  638  food or beverages, or alcoholic beverages for consumption on the
  639  premises, as herein provided, in acting as the tax collection
  640  medium or agency of the city or town, to collect from the person
  641  paying the rent or the retail sales price, for the use of the
  642  city or town, the tax imposed and levied pursuant to this act,
  643  and to report and pay over to the city or town all such taxes
  644  imposed, levied and collected, in accordance with the accounting
  645  and other provisions of the enacted ordinance. All cities and
  646  towns collecting a resort tax pursuant to the provisions of this
  647  act shall have the same duties and privileges as the Department
  648  of Revenue under part I of chapter 212, Florida Statutes, and
  649  may use any power granted to the Department of Revenue under
  650  part I of chapter 212, Florida Statutes, including enforcement
  651  and collection procedures and penalties imposed by part I of
  652  chapter 212, Florida Statutes, which shall be binding upon all
  653  persons and entities that are subject to the provisions of this
  654  act with regard to the municipal resort tax. The owner of or the
  655  person operating transient accommodations shall separately state
  656  the amount of the tax charged on the receipt, invoice, or other
  657  documentation issued with respect to charges for transient
  658  accommodations. A person who facilitates the booking of a
  659  reservation and who is an unrelated person with respect to the
  660  person operating the transient accommodations that are the
  661  subject of the booking is not required to separately state
  662  amounts charged on the receipt, invoice, or other documentation
  663  issued by the person facilitating the booking of the
  664  reservation. Any amounts specifically collected as a tax are
  665  city or town funds and shall be remitted as tax.
  666         Section 7. This act is clarifying and remedial in nature
  667  and does not provide a basis for assessments or refunds of tax
  668  for periods before July 1, 2011. This act does not affect any
  669  lawsuit existing on July 1, 2011, related to the taxes imposed
  670  by the provisions of law amended by this act.
  671         Section 8. This act shall take effect July 1, 2011.