Florida Senate - 2013                                    SB 1280
       
       
       
       By Senator Sachs
       
       
       
       
       34-00916-13                                           20131280__
    1                        A bill to be entitled                      
    2         An act relating to tax dealer collection allowances;
    3         amending s. 212.12, F.S.; revising the process for
    4         dealers to elect to forgo the sales tax collection
    5         allowance and direct that the collection allowance
    6         amount be transferred into the Educational Enhancement
    7         Trust Fund; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (d) of subsection (1) of section
   12  212.12, Florida Statutes, is amended to read:
   13         212.12 Dealer’s credit for collecting tax; penalties for
   14  noncompliance; powers of Department of Revenue in dealing with
   15  delinquents; brackets applicable to taxable transactions;
   16  records required.—
   17         (1)
   18         (d)1. A dealer entitled to the collection allowance
   19  provided in this section may elect to forgo forego the
   20  collection allowance and direct that the amount be transferred
   21  into the Educational Enhancement Trust Fund. Such an election
   22  must be made with the timely filing of a return, remains in
   23  effect for returns filed for subsequent reporting periods of the
   24  calendar year unless the dealer indicates termination of the
   25  election by filing a return that deducts the collection
   26  allowance from the amount of tax due, and may not be rescinded
   27  for a reporting period once the return for that reporting period
   28  is filed made. If a dealer who makes such an election files a
   29  delinquent return, underpays the tax, or files an incomplete
   30  return, the amount transferred into the Educational Enhancement
   31  Trust Fund shall be the amount of the collection allowance
   32  remaining after resolution of liability for all of the tax,
   33  interest, and penalty due on that return or underpayment of tax.
   34  The Department of Education shall distribute the remaining
   35  amount from the trust fund to the school districts that have
   36  adopted resolutions stating that those funds will be used to
   37  ensure that up-to-date technology is purchased for the
   38  classrooms in the district and that teachers are trained in the
   39  use of that technology. Revenues collected in districts that do
   40  not adopt such a resolution shall be equally distributed to
   41  districts that have adopted such resolutions.
   42         2. This paragraph applies to all taxes, surtaxes, and any
   43  local option taxes administered under this chapter and remitted
   44  directly to the department. This paragraph does not apply to a
   45  locally imposed and self-administered convention development
   46  tax, tourist development tax, or tourist impact tax administered
   47  under this chapter.
   48         3. Revenues from the dealer-collection allowances shall be
   49  transferred quarterly from the General Revenue Fund to the
   50  Educational Enhancement Trust Fund. The Department of Revenue
   51  shall provide to the Department of Education quarterly
   52  information about such revenues by county to which the
   53  collection allowance was attributed.
   54  
   55  Notwithstanding any provision of chapter 120 to the contrary,
   56  the Department of Revenue may adopt rules to carry out the
   57  amendment made by chapter 2006-52, Laws of Florida, to this
   58  section.
   59         Section 2. This act shall take effect July 1, 2013.