Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1198
       
       
       
       
       
       
                                Barcode 306410                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Budget Subcommittee on Finance and Tax
       (Bogdanoff) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 202.16, Florida
    6  Statutes, is amended to read:
    7         202.16 Payment.—The taxes imposed or administered under
    8  this chapter and chapter 203 shall be collected from all dealers
    9  of taxable communications services on the sale at retail in this
   10  state of communications services taxable under this chapter and
   11  chapter 203. The full amount of the taxes on a credit sale,
   12  installment sale, or sale made on any kind of deferred payment
   13  plan is due at the moment of the transaction in the same manner
   14  as a cash sale.
   15         (3)(a)A dealer must compute the tax due on the sale of
   16  communications services imposed pursuant to this chapter and
   17  chapter 203 based on a rounding algorithm that meets the
   18  following criteria:
   19         1. The computation of the tax must be carried to the third
   20  decimal place.
   21         2. The tax must be rounded to a whole cent using a method
   22  that rounds up to the next cent whenever the third decimal place
   23  is greater than four.
   24         (b) The rounding algorithm must be applied to the local
   25  communications services tax imposed pursuant to this chapter
   26  separately from its application to the communications services
   27  taxes imposed pursuant to s. 202.12 and the gross receipts taxes
   28  imposed pursuant to s. 203.01.
   29         (c) A dealer may apply the rounding algorithm to the taxes
   30  imposed pursuant to ss. 202.12 and 203.01 in one of the
   31  following ways:
   32         1. Apply the rounding algorithm to the combined taxes
   33  imposed pursuant to ss. 202.12 and 203.01.
   34         2. Apply the rounding algorithm to the communications
   35  services taxes imposed pursuant to s. 202.12(1) and apply the
   36  rounding algorithm separately to the combined gross receipts
   37  taxes imposed pursuant to ss. 203.01(1)(b)2. and 203.01(1)(b)3.
   38         3. Apply the rounding algorithm to the combined taxes
   39  imposed pursuant to ss. 202.12(1) and 203.01(1)(b)3., as allowed
   40  by ss. 202.12001 and 203.001, and apply the rounding algorithm
   41  separately to the gross receipts tax imposed pursuant to s.
   42  203.01(1)(b)2.
   43         (d) Under paragraph (b) or paragraph (c), a dealer may
   44  apply the rounding algorithm to the aggregate tax amount that is
   45  computed on all taxable items on an invoice or to each tax
   46  amount that is computed on one or more, but less than all,
   47  taxable items on an invoice. The aggregate tax amount for all
   48  items on the invoice must equal at least the result that would
   49  have been obtained if the rounding algorithm had been applied to
   50  the aggregate tax amount computed on all taxable items on the
   51  invoice. A dealer may satisfy this requirement by setting a
   52  minimum tax amount of not less than 1 cent with respect to each
   53  item, or group of items, to which the rounding algorithm is
   54  applied.
   55         (e) The department may not require a dealer to collect the
   56  tax based on a bracket system. Notwithstanding the rate of tax
   57  on the sale of communications services imposed pursuant to this
   58  chapter and chapter 203, the department shall make available in
   59  an electronic format or otherwise the tax amounts and brackets
   60  applicable to each taxable sale such that the tax collected
   61  results in a tax rate no less than the tax rate imposed pursuant
   62  to this chapter and chapter 203.
   63         Section 2. This act is intended to be remedial in nature
   64  and applies retroactively. This act does not provide a basis for
   65  an assessment of any tax not paid or create a right to a refund
   66  or credit of any tax paid under s. 202.16, Florida Statutes,
   67  before July 1, 2011.
   68         Section 3. This act shall take effect July 1, 2011.
   69  
   70  ================= T I T L E  A M E N D M E N T ================
   71         And the title is amended as follows:
   72         Delete everything before the enacting clause
   73  and insert:
   74                        A bill to be entitled                      
   75         An act relating to communications services tax;
   76         amending s. 202.16, F.S.; requiring that a dealer
   77         compute the communications services tax based on a
   78         rounding algorithm; providing criteria; providing for
   79         application of the tax; providing options to the
   80         dealer for applying the rounding algorithm; providing
   81         that a dealer may apply the rounding algorithm to the
   82         aggregate tax amount under certain conditions;
   83         providing that a dealer is not required to collect the
   84         tax based on a bracket system; removing the provision
   85         requiring the Department of Revenue to make available
   86         tax amounts and applicable brackets; providing that
   87         the provisions of the act are remedial in nature and
   88         apply retroactively; providing that the act does not
   89         provide a basis for assessment of any tax not paid or
   90         create a right to certain refunds or credits;
   91         providing an effective date.