Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 493
       
       
       
       
       
       
                                Barcode 514618                          
       
                              LEGISLATIVE ACTION                        
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       Senator Latvala moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 111 - 515
    4  and insert:
    5  reservation. A person facilitating the booking of a reservation
    6  shall separately state the fee or charge for the service
    7  provided to the customer at the time of the booking. Any amounts
    8  specifically collected as tax are county funds and shall be
    9  remitted as tax.
   10         Section 2. Section 125.0108, Florida Statutes, is amended
   11  to read:
   12         125.0108 Areas of critical state concern; tourist impact
   13  tax.—
   14         (1)(a) Subject to the provisions of this section, any
   15  county creating a land authority pursuant to s. 380.0663(1) is
   16  authorized to levy by ordinance, in the area or areas within
   17  said county designated as an area of critical state concern
   18  pursuant to chapter 380, a tourist impact tax on the taxable
   19  privileges described in paragraph (2)(a) (b); however, if the
   20  area or areas of critical state concern are greater than 50
   21  percent of the land area of the county, the tax may be levied
   22  throughout the entire county. Such tax shall not be effective
   23  unless and until land development regulations and a local
   24  comprehensive plan that meet the requirements of chapter 380
   25  have become effective and such tax is approved by referendum as
   26  provided for in subsection (6) (5).
   27         (b) As used in this section, the terms “consideration,”
   28  “rental,” and “rents” mean the amount received by a person
   29  operating transient accommodations or the owner of such
   30  accommodations for the use of any living quarters or sleeping or
   31  housekeeping accommodations in, from, or a part of, or in
   32  connection with, any hotel, apartment house, roominghouse,
   33  timeshare resort, tourist or trailer camp, mobile home park,
   34  recreational vehicle park, or condominium. The term “person
   35  operating transient accommodations” means a person conducting
   36  the daily affairs of the physical facilities furnishing
   37  transient accommodations who is responsible for providing any of
   38  the services commonly associated with operating the facilities
   39  furnishing transient accommodations, including providing
   40  physical access to such facilities, regardless of whether such
   41  commonly associated services are provided by unrelated persons.
   42  The terms “consideration,” “rental,” and “rents” do not include
   43  payments received by unrelated persons from the lessee, tenant,
   44  or customer for facilitating the booking of reservations for or
   45  on behalf of the lessees, tenants, or customers at hotels,
   46  apartment houses, roominghouses, timeshare resorts, tourist or
   47  trailer camps, mobile home parks, recreational vehicle parks, or
   48  condominiums in this state. The term “unrelated persons” means
   49  persons who are not related to the person operating transient
   50  accommodations or to the owner of such accommodations within the
   51  meaning of s. 1504, s. 267(b), or s. 707(b) of the Internal
   52  Revenue Code of 1986, as amended.
   53         (2)(a)(b)1. It is declared to be the intent of the
   54  Legislature that every person who rents, leases, or lets for
   55  consideration any living quarters or accommodations in any
   56  hotel, apartment hotel, motel, resort motel, apartment,
   57  apartment motel, roominghouse, mobile home park, recreational
   58  vehicle park, condominium, or timeshare resort for a term of 6
   59  months or less, unless such establishment is exempt from the tax
   60  imposed by s. 212.03, is exercising a taxable privilege on the
   61  proceeds therefrom under this section.
   62         (b)1.2.a. Tax shall be due on the consideration paid for
   63  occupancy in the county pursuant to a regulated short-term
   64  product, as defined in s. 721.05, or occupancy in the county
   65  pursuant to a product that would be deemed a regulated short
   66  term product if the agreement to purchase the short-term right
   67  were executed in this state. Such tax shall be collected on the
   68  last day of occupancy within the county unless such
   69  consideration is applied to the purchase of a timeshare estate.
   70  The occupancy of an accommodation of a timeshare resort pursuant
   71  to a timeshare plan, a multisite timeshare plan, or an exchange
   72  transaction in an exchange program, as defined in s. 721.05, by
   73  the owner of a timeshare interest or such owner’s guest, which
   74  guest is not paying monetary consideration to the owner or to a
   75  third party for the benefit of the owner, is not a privilege
   76  subject to taxation under this section. A membership or
   77  transaction fee paid by a timeshare owner that does not provide
   78  the timeshare owner with the right to occupy any specific
   79  timeshare unit but merely provides the timeshare owner with the
   80  opportunity to exchange a timeshare interest through an exchange
   81  program is a service charge and not subject to taxation under
   82  this section.
   83         2.b. Consideration paid for the purchase of a timeshare
   84  license in a timeshare plan, as defined in s. 721.05, is rent
   85  subject to taxation under this section.
   86         (c) The governing board of the county may, by passage of a
   87  resolution by four-fifths vote, repeal such tax.
   88         (d) The tourist impact tax shall be levied at the rate of 1
   89  percent of each dollar and major fraction thereof of the total
   90  consideration charged for such taxable privilege. When receipt
   91  of consideration is by way of property other than money, the tax
   92  shall be levied and imposed on the fair market value of such
   93  nonmonetary consideration.
   94         (e) The tourist impact tax shall be in addition to any
   95  other tax imposed pursuant to chapter 212 and in addition to all
   96  other taxes and fees and the consideration for the taxable
   97  privilege.
   98         (f) The tourist impact tax shall be charged by the person
   99  receiving the consideration for the taxable privilege, and it
  100  shall be collected from the lessee, tenant, or customer at the
  101  time of payment of the consideration for such taxable privilege.
  102  A person operating transient accommodations or the owner of such
  103  accommodations shall separately state the tax from the rental
  104  charged on the receipt, invoice, or other documentation issued
  105  with respect to charges for transient accommodations. Persons
  106  who facilitate the booking of reservations who are unrelated
  107  persons with respect to a person who operates transient
  108  accommodations with respect to which the reservation is booked
  109  are not required to separately state amounts charged on the
  110  receipt, invoice, or other documentation except that such
  111  persons shall disclose all amounts charged or expected to be
  112  charged as taxes on the final receipt, invoice, or other
  113  documentation provided to the customer issued by the person
  114  facilitating the booking of the reservation. A person
  115  facilitating the booking of a reservation shall separately state
  116  the fee or charge for the service provided to the customer at
  117  the time of the booking. Any amounts specifically collected as
  118  tax are county funds and shall be remitted as tax.
  119         (g) A county that has levied the tourist impact tax
  120  authorized by this section in an area or areas designated as an
  121  area of critical state concern for at least 20 consecutive years
  122  prior to removal of the designation may continue to levy the
  123  tourist impact tax in accordance with this section for 20 years
  124  following removal of the designation. After expiration of the
  125  20-year period, a county may continue to levy the tourist impact
  126  tax authorized by this section if the county adopts an ordinance
  127  reauthorizing levy of the tax and the continued levy of the tax
  128  is approved by referendum as provided for in subsection (6) (5).
  129         (3)(2)(a) The person receiving the consideration for such
  130  taxable privilege and the person doing business within such area
  131  or areas of critical state concern or within the entire county,
  132  as applicable, shall receive, account for, and remit the tourist
  133  impact tax to the Department of Revenue at the time and in the
  134  manner provided for persons who collect and remit taxes under
  135  chapter 212. The same duties and privileges imposed by chapter
  136  212 upon dealers in tangible property, respecting the collection
  137  and remission of tax; the making of returns; the keeping of
  138  books, records, and accounts; and compliance with the rules of
  139  the Department of Revenue in the administration of that chapter
  140  shall apply to and be binding upon all persons who are subject
  141  to the provisions of this section. However, the Department of
  142  Revenue may authorize a quarterly return and payment when the
  143  tax remitted by the dealer for the preceding quarter did not
  144  exceed $25.
  145         (b) The Department of Revenue shall keep records showing
  146  the amount of taxes collected, which records shall also include
  147  records disclosing the amount of taxes collected for and from
  148  each county in which the tax imposed and authorized by this
  149  section is applicable. These records shall be open for
  150  inspection during the regular office hours of the Department of
  151  Revenue, subject to the provisions of s. 213.053.
  152         (c) Collections received by the Department of Revenue from
  153  the tax, less costs of administration of this section, shall be
  154  paid and returned monthly to the county and the land authority
  155  in accordance with the provisions of subsection (4) (3).
  156         (d) The Department of Revenue is authorized to employ
  157  persons and incur other expenses for which funds are
  158  appropriated by the Legislature.
  159         (e) The Department of Revenue is empowered to promulgate
  160  such rules and prescribe and publish such forms as may be
  161  necessary to effectuate the purposes of this section. The
  162  department is authorized to establish audit procedures and to
  163  assess for delinquent taxes.
  164         (f) The estimated tax provisions contained in s. 212.11 do
  165  not apply to the administration of any tax levied under this
  166  section.
  167         (4)(3) All tax revenues received pursuant to this section,
  168  less administrative costs, shall be distributed as follows:
  169         (a) Fifty percent shall be transferred to the land
  170  authority to be used to purchase property in the area of
  171  critical state concern for which the revenue is generated. An
  172  amount not to exceed 5 percent may be used for administration
  173  and other costs incident to such purchases.
  174         (b) Fifty percent shall be distributed to the governing
  175  body of the county where the revenue was generated. Such
  176  proceeds shall be used to offset the loss of ad valorem taxes
  177  due to acquisitions provided for by this act.
  178         (5)(4)(a) Any person who is taxable hereunder who fails or
  179  refuses to charge and collect from the person paying for the
  180  taxable privilege the taxes herein provided, either by himself
  181  or herself or through agents or employees, is, in addition to
  182  being personally liable for the payment of the tax, guilty of a
  183  misdemeanor of the second degree, punishable as provided in s.
  184  775.082 or s. 775.083.
  185         (b) No person shall advertise or hold out to the public in
  186  any manner, directly or indirectly, that he or she will absorb
  187  all or any part of the tax; that he or she will relieve the
  188  person paying for the taxable privilege of the payment of all or
  189  any part of the tax; or that the tax will not be added to the
  190  consideration for the taxable privilege or that, when added, the
  191  tax or any part thereof will be refunded or refused, either
  192  directly or indirectly, by any method whatsoever. Any person who
  193  willfully violates any provision of this paragraph is guilty of
  194  a misdemeanor of the second degree, punishable as provided in s.
  195  775.082 or s. 775.083.
  196         (c) The tax authorized to be levied by this section shall
  197  constitute a lien on the property of the business, lessee,
  198  customer, or tenant in the same manner as, and shall be
  199  collectible as are, liens authorized and imposed in ss. 713.67,
  200  713.68, and 713.69.
  201         (6)(5) The tourist impact tax authorized by this section
  202  shall take effect only upon express approval by a majority vote
  203  of those qualified electors in the area or areas of critical
  204  state concern in the county seeking to levy such tax, voting in
  205  a referendum to be held by the governing board of such county in
  206  conjunction with a general or special election, in accordance
  207  with the provisions of law relating to elections currently in
  208  force. However, if the area or areas of critical state concern
  209  are greater than 50 percent of the land area of the county and
  210  the tax is to be imposed throughout the entire county, the tax
  211  shall take effect only upon express approval of a majority of
  212  the qualified electors of the county voting in such a
  213  referendum.
  214         (7)(6) The effective date of the levy and imposition of the
  215  tourist impact tax authorized under this section shall be the
  216  first day of the second month following approval of the
  217  ordinance by referendum or the first day of any subsequent month
  218  as may be specified in the ordinance. A certified copy of the
  219  ordinance shall include the time period and the effective date
  220  of the tax levy and shall be furnished by the county to the
  221  Department of Revenue within 10 days after passing an ordinance
  222  levying such tax and again within 10 days after approval by
  223  referendum of such tax. If applicable, the county levying the
  224  tax shall provide the Department of Revenue with a list of the
  225  businesses in the area of critical state concern where the
  226  tourist impact tax is levied by zip code or other means of
  227  identification. Notwithstanding the provisions of s. 213.053,
  228  the Department of Revenue shall assist the county in compiling
  229  such list of businesses. The tourist impact tax, if not repealed
  230  sooner pursuant to paragraph (1)(c), shall be repealed 10 years
  231  after the date the area of critical state concern designation is
  232  removed.
  233         Section 3. Paragraph (b) of subsection (1) and subsection
  234  (2) of section 212.03, Florida Statutes, are amended to read:
  235         212.03 Transient rentals tax; rate, procedure, enforcement,
  236  exemptions.—
  237         (1)
  238         (b)1. Tax shall be due on the consideration paid for
  239  occupancy in the county pursuant to a regulated short-term
  240  product, as defined in s. 721.05, or occupancy in the county
  241  pursuant to a product that would be deemed a regulated short
  242  term product if the agreement to purchase the short-term right
  243  was executed in this state. Such tax shall be collected on the
  244  last day of occupancy within the county unless such
  245  consideration is applied to the purchase of a timeshare estate.
  246  The occupancy of an accommodation of a timeshare resort pursuant
  247  to a timeshare plan, a multisite timeshare plan, or an exchange
  248  transaction in an exchange program, as defined in s. 721.05, by
  249  the owner of a timeshare interest or such owner’s guest, which
  250  guest is not paying monetary consideration to the owner or to a
  251  third party for the benefit of the owner, is not a privilege
  252  subject to taxation under this section. A membership or
  253  transaction fee paid by a timeshare owner that does not provide
  254  the timeshare owner with the right to occupy any specific
  255  timeshare unit but merely provides the timeshare owner with the
  256  opportunity to exchange a timeshare interest through an exchange
  257  program is a service charge and not subject to taxation under
  258  this section.
  259         2. Consideration paid for the purchase of a timeshare
  260  license in a timeshare plan, as defined in s. 721.05, is rent
  261  subject to taxation under this section.
  262         3. As used in this section, the terms “rent,” “rental,”
  263  “rentals,” and “rental payments” mean the amount received by a
  264  person operating transient accommodations or the owner of such
  265  accommodations for the use of any living quarters or sleeping or
  266  housekeeping accommodations in, from, or a part of, or in
  267  connection with, any hotel, apartment house, roominghouse,
  268  mobile home park, recreational vehicle park, condominium,
  269  timeshare resort, or tourist or trailer camp. The term “person
  270  operating transient accommodations” means a person conducting
  271  the daily affairs of the physical facilities furnishing
  272  transient accommodations who is responsible for providing any of
  273  the services commonly associated with operating the facilities
  274  furnishing transient accommodations, including providing
  275  physical access to such facilities, regardless of whether such
  276  commonly associated services are provided by unrelated persons.
  277  The terms “rent,” “rental,” “rentals,” and “rental payments” do
  278  not include payments received by unrelated persons from the
  279  lessee, tenant, customer, or licensee for facilitating the
  280  booking of reservations for or on behalf of the lessees,
  281  tenants, customers, or licensees at hotels, apartment houses,
  282  roominghouses, mobile home parks, recreational vehicle parks,
  283  condominiums, timeshare resorts, or tourist or trailer camps in
  284  this state. The term “unrelated persons” means persons who are
  285  not related to the person operating transient accommodations or
  286  to the owner of such accommodations within the meaning of s.
  287  1504, s. 267(b), or s. 707(b) of the Internal Revenue Code of
  288  1986, as amended.
  289         (2) The tax provided for in this section herein shall be in
  290  addition to the total amount of the rental, shall be charged by
  291  any the lessor or person operating transient accommodations or
  292  the owner of such accommodations subject to the tax imposed
  293  under this chapter receiving the rent in and by such said rental
  294  arrangement to the lessee or person paying the rental, and shall
  295  be due and payable at the time of the receipt of such rental
  296  payment by the lessor or person operating the transient
  297  accommodations or the owner of such accommodations, as defined
  298  in this chapter, who receives said rental or payment. The owner,
  299  lessor, or person operating the transient accommodations or the
  300  owner of such accommodations receiving the rent shall remit the
  301  tax to the department the tax on the amount of the rent received
  302  by the person operating the transient accommodations or the
  303  owner of such accommodations at the times and in the manner
  304  hereinafter provided for dealers to remit taxes under this
  305  chapter. The same duties imposed by this chapter upon dealers in
  306  tangible personal property respecting the collection and
  307  remission of the tax; the making of returns; the keeping of
  308  books, records, and accounts; and the compliance with the rules
  309  and regulations of the department in the administration of this
  310  chapter shall apply to and be binding upon all persons who
  311  manage or operate hotels, apartment houses, roominghouses,
  312  tourist and trailer camps, and the rental of condominium units,
  313  and to all persons who collect or receive such rents on behalf
  314  of such owner or lessor taxable under this chapter. A person
  315  operating transient accommodations or the owner of such
  316  accommodations shall separately state the tax from the rental
  317  charged on the receipt, invoice, or other documentation issued
  318  with respect to charges for transient accommodations. Persons
  319  facilitating the booking of reservations who are unrelated to
  320  the person operating the transient accommodations in which the
  321  reservation is booked are not required to separately state
  322  amounts charged on the receipt, invoice, or other documentation
  323  except that such persons shall disclose all amounts charged or
  324  expected to be charged as taxes on the final receipt, invoice,
  325  or other documentation provided to the customer issued by the
  326  person facilitating the booking of the reservation. A person
  327  facilitating the booking of a reservation shall separately state
  328  the fee or charge for the service provided to the customer at
  329  the time of the booking. Any amounts specifically collected as a
  330  tax are state funds and must be remitted as tax.
  331         Section 4. Paragraphs (a) and (b) of subsection (3) of
  332  section 212.0305, Florida Statutes, are amended to read:
  333         212.0305 Convention development taxes; intent;
  334  administration; authorization; use of proceeds.—
  335         (3) APPLICATION; ADMINISTRATION; PENALTIES.—
  336         (a)1. The convention development tax on transient rentals
  337  imposed by the governing body of any county authorized to so
  338  levy shall apply to the amount of any payment made by any person
  339  to rent, lease, or use for a period of 6 months or less any
  340  living quarters or accommodations in a hotel, apartment hotel,
  341  motel, resort motel, apartment, apartment motel, roominghouse,
  342  tourist or trailer camp, mobile home park, recreational vehicle
  343  park, condominium, or timeshare resort. When receipt of
  344  consideration is by way of property other than money, the tax
  345  shall be levied and imposed on the fair market value of such
  346  nonmonetary consideration. Any payment made by a person to rent,
  347  lease, or use any living quarters or accommodations which are
  348  exempt from the tax imposed under s. 212.03 shall likewise be
  349  exempt from any tax imposed under this section.
  350         2.a. Tax shall be due on the consideration paid for
  351  occupancy in the county pursuant to a regulated short-term
  352  product, as defined in s. 721.05, or occupancy in the county
  353  pursuant to a product that would be deemed a regulated short
  354  term product if the agreement to purchase the short-term right
  355  was executed in this state. Such tax shall be collected on the
  356  last day of occupancy within the county unless such
  357  consideration is applied to the purchase of a timeshare estate.
  358  The occupancy of an accommodation of a timeshare resort pursuant
  359  to a timeshare plan, a multisite timeshare plan, or an exchange
  360  transaction in an exchange program, as defined in s. 721.05, by
  361  the owner of a timeshare interest or such owner’s guest, which
  362  guest is not paying monetary consideration to the owner or to a
  363  third party for the benefit of the owner, is not a privilege
  364  subject to taxation under this section. A membership or
  365  transaction fee paid by a timeshare owner that does not provide
  366  the timeshare owner with the right to occupy any specific
  367  timeshare unit but merely provides the timeshare owner with the
  368  opportunity to exchange a timeshare interest through an exchange
  369  program is a service charge and not subject to taxation under
  370  this section.
  371         3.b. Consideration paid for the purchase of a timeshare
  372  license in a timeshare plan, as defined in s. 721.05, is rent
  373  subject to taxation under this section.
  374         4. As used in this section, the terms “consideration,”
  375  “rental,” and “rents” mean the amount received by a person
  376  operating transient accommodations or the owner of such
  377  accommodations for the use of any living quarters or sleeping or
  378  housekeeping accommodations in, from, or a part of, or in
  379  connection with, any hotel, apartment house, roominghouse,
  380  timeshare resort, tourist or trailer camp, mobile home park,
  381  recreational vehicle park, or condominium. The term “person
  382  operating transient accommodations” means a person conducting
  383  the daily affairs of the physical facilities furnishing
  384  transient accommodations who is responsible for providing any of
  385  the services commonly associated with operating the facilities
  386  furnishing transient accommodations, including providing
  387  physical access to such facilities, regardless of whether such
  388  commonly associated services are provided by unrelated persons.
  389  The terms “consideration,” “rental,” and “rents” do not include
  390  payments received by unrelated persons from the lessee, tenant,
  391  or customer for facilitating the booking of reservations for or
  392  on behalf of the lessees, tenants, or customers at hotels,
  393  apartment houses, roominghouses, timeshare resorts, tourist or
  394  trailer camps, mobile home parks, recreational vehicle parks, or
  395  condominiums in this state. The term “unrelated persons” means
  396  persons who are not related to the person operating transient
  397  accommodations or to the owner of such accommodations within the
  398  meaning of s. 1504, s. 267(b), or s. 707(b) of the Internal
  399  Revenue Code of 1986, as amended.
  400         (b) The tax shall be charged by the person receiving the
  401  consideration for the lease or rental, and the tax shall be
  402  collected from the lessee, tenant, or customer at the time of
  403  payment of the consideration for such lease or rental. A person
  404  operating transient accommodations or the owner of such
  405  accommodations shall separately state the tax from the rental
  406  charged on the receipt, invoice, or other documentation issued
  407  with respect to charges for transient accommodations. Persons
  408  facilitating the booking of reservations who are unrelated to
  409  the person operating the transient accommodations in which the
  410  reservation is booked are not required to separately state
  411  amounts charged on the receipt, invoice, or other documentation
  412  except that such persons shall disclose all amounts charged or
  413  expected to be charged as taxes on the final receipt, invoice,
  414  or other documentation provided to the customer issued by the
  415  person facilitating the booking of the reservation. A person
  416  facilitating the booking of a reservation shall separately state
  417  the fee or charge for the service provided to the customer at
  418  the time of the booking. Any amounts