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House Bill 1489e1

CS/HBs 1489 & 1171, First Engrossed 1 A bill to be entitled 2 An act relating to taxation of Internet access, 3 electronic mail, electronic bulletin board, or 4 similar on-line computer services; amending s. 5 203.012, F.S.; providing that 6 "telecommunication service" does not include 7 such services for purposes of gross receipts 8 taxes; revising the definition of 9 "teletypewriter or computer exchange service" 10 to remove computer exchange service; reenacting 11 s. 166.231(10), F.S., relating to the municipal 12 public service tax on telecommunication 13 service, and s. 212.05(1)(e)1., F.S., relating 14 to the sales and use tax on telecommunication 15 service, to incorporate the amendment to s. 16 203.012, F.S., in references thereto; providing 17 intent; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsections (3), (5), and (6) of section 22 203.012, Florida Statutes, are amended to read: 23 203.012 Definitions.--As used in this chapter: 24 (3) The term "local telephone service" means: 25 (a) The access to a local telephone system, and the 26 privilege of telephonic-quality communication with 27 substantially all persons having telephone or radio telephone 28 stations constituting a part of such local telephone system; 29 or 30 (b) Any facility or service provided in connection 31 with a service described in paragraph (a). 1 CODING: Words stricken are deletions; words underlined are additions. CS/HBs 1489 & 1171, First Engrossed 1 2 The term "local telephone service" does not include any 3 service which is a toll telephone service; private 4 communication service; cellular mobile telephone or 5 telecommunication service; specialized mobile radio, or pagers 6 and paging, service, including but not limited to "beepers" 7 and any other form of mobile and portable one-way or two-way 8 communication; or teletypewriter or computer exchange service. 9 (5) The term "telecommunication service" means: 10 (a) Local telephone service, toll telephone service, 11 telegram or telegraph service, teletypewriter or computer 12 exchange service, or private communication service; or 13 (b) Cellular mobile telephone or telecommunication 14 service; or specialized mobile radio, and pagers and paging, 15 service, including but not limited to "beepers" and any other 16 form of mobile and portable one-way or two-way communication; 17 but does not include services or equipment incidental to 18 telecommunication services enumerated in this paragraph such 19 as maintenance of customer premises equipment, whether owned 20 by the customer or not, or equipment sales or rental for which 21 charges are separately stated, itemized, or described on the 22 bill, invoice, or other tangible evidence of the provision of 23 such service. 24 25 The term "telecommunication service" does not include any 26 Internet access service, electronic mail service, electronic 27 bulletin board service, or similar on-line computer service. 28 (6) The term "teletypewriter or computer exchange 29 service" means the access from a teletypewriter, telephone, 30 computer, or other data station of which such station is a 31 part, and the privilege of intercommunication by such station 2 CODING: Words stricken are deletions; words underlined are additions. CS/HBs 1489 & 1171, First Engrossed 1 with substantially all persons having teletypewriter, 2 telephone, computer, or other data stations constituting a 3 part of the same teletypewriter or computer exchange system, 4 to which the subscriber or user is entitled upon payment of a 5 charge or charges, whether such charge or charges are 6 determined as a flat periodic amount, on the basis of distance 7 and elapsed transmission time, or some other method. The term 8 "teletypewriter or computer exchange service" does not include 9 local telephone service or toll telephone service. 10 Section 2. For the purpose of incorporating the 11 amendment to section 203.012, Florida Statutes, in a reference 12 thereto, subsection (10) of section 166.231, Florida Statutes, 13 1996 Supplement, is reenacted to read: 14 166.231 Municipalities; public service tax.-- 15 (10) A municipality may levy a tax on the purchase of 16 telecommunication services as defined in s. 203.012 as 17 follows: 18 (a)1. Only upon purchases within the municipality of 19 local telephone service as defined in s. 203.012(3) at a rate 20 not to exceed 10 percent of the monthly recurring customer 21 service charges, excluding public telephone charges collected 22 on site, access charges, and any customer access line charges 23 paid to a local telephone company; or 24 2. Only upon purchases within the municipality of 25 telecommunications service which originates and terminates in 26 this state at a rate not to exceed 7 percent of the total 27 amount charged for any telecommunications service provided 28 within the municipality or, if the location of the 29 telecommunications service provided cannot be determined, the 30 total amount billed for such telecommunications service to a 31 telephone or telephone number, a telecommunications number or 3 CODING: Words stricken are deletions; words underlined are additions. CS/HBs 1489 & 1171, First Engrossed 1 device, or a customers' billing address located within the 2 municipality, excluding public telephone charges collected on 3 site, charges for any foreign exchange service or any private 4 line service except when such services are used or sold as a 5 substitute for any telephone company switched service or 6 dedicated facility by which a telephone company provides a 7 communication path, access charges, and any customer access 8 line charges paid to a local telephone company. However, 9 telecommunications service as defined in s. 203.012(5)(b) 10 shall be taxed only on the monthly recurring customer service 11 charges excluding variable usage charges. 12 (b) For the purpose of compensating the seller, the 13 seller shall be allowed 1 percent of the amount of the tax 14 collected and due to the municipality in the form of a 15 deduction from the amount collected for remittance. The 16 deduction shall be allowed as compensation for the keeping of 17 records and for the collection of, and the remitting of, the 18 tax. 19 (c) A municipality shall elect by ordinance the tax 20 specified in subparagraph (a)1. or subparagraph (a)2., and any 21 such election shall not be changed until after the expiration 22 of at least 12 months after the effective date of the 23 ordinance levying the tax specified in such subparagraph. A 24 municipality shall notify the companies responsible for 25 collecting such tax at least 120 days prior to such change of 26 election. 27 (d) A municipality electing by ordinance the tax 28 specified in subparagraph (a)2. shall provide to a 29 telecommunications service provider who is responsible for 30 collecting the tax, upon its request, a printed alphabetical 31 listing of all street names including block numbers and street 4 CODING: Words stricken are deletions; words underlined are additions. CS/HBs 1489 & 1171, First Engrossed 1 numbers for streets which cross or form municipal boundaries 2 within the municipality for use by the provider of the 3 telecommunications service in calculating the proper amount of 4 tax payable to the municipality. The municipality shall be 5 responsible for updating this listing as changes occur and for 6 providing this information to the telecommunications service 7 provider. The provider, in turn, shall be responsible for 8 charging the tax only to service and billing addresses 9 contained in this listing. The municipality shall be entitled 10 to collect a fee not to exceed the actual cost of providing 11 the information to the telecommunications service provider 12 requesting it. 13 (e) A municipality may audit the records of any 14 provider of telecommunications service taxable by such 15 municipality; each such provider shall provide to the 16 municipality, upon 60 days' notice, access to all applicable 17 records for such telecommunications service. In an audit, the 18 telecommunications service provider shall be liable only for 19 its taxable accounts collected corresponding to the 20 information provided to it by the municipality. However, any 21 information received by the municipality or its agent in 22 connection with such audit is confidential and exempt from the 23 provisions of s. 119.07(1). 24 (f)1. If the sale of a taxable telecommunication 25 service also involves the sale of an exempt cable television 26 service, the tax shall be applied to the value of the taxable 27 service when it is sold separately. 28 2. If the company does not offer this service 29 separately, the consideration paid shall be separately 30 identified and stated with respect to the taxable and exempt 31 portions of the transaction as a condition of the exemption. 5 CODING: Words stricken are deletions; words underlined are additions. CS/HBs 1489 & 1171, First Engrossed 1 3. The amounts identified as taxable in subparagraph 2 2. shall not be less than the statewide average tariff rates 3 set forth by the local exchange telecommunications companies 4 in the tariffs filed with the Public Service Commission on 5 January 1, 1995, and on January 1 of each year thereafter for 6 the equivalent services subject to this section. The Public 7 Service Commission shall publish the statewide average tariff 8 rates annually, beginning on January 1, 1996. 9 4. If the total amount of municipal utility tax 10 collected by a municipality or charter county from 11 telecommunication services pursuant to this subsection for the 12 period of July 1, 1995, to June 30, 1996, is less than the 13 amount collected for the period July 1, 1994, to June 30, 14 1995, the municipality or charter county shall assess each 15 company that remits such tax a pro rata share of the 16 shortfall. The shortfall shall be prorated based on the 17 amount of tax remitted by each company for the period July 1, 18 1995, to June 30, 1996, and the total amount of tax remitted 19 for the same period. By September 1, 1996, the municipality 20 or charter county shall certify to each company the amount of 21 additional tax owed and the tax shall be remitted to the 22 municipality or charter county by October 1, 1996. Provided, 23 however, that this assessment may only be imposed if, in 24 addition to the conditions above, a municipality or charter 25 county has levied the applicable maximum tax rate allowed 26 under this paragraph during the period July 1, 1995, and June 27 30, 1996, and has not switched between the two options allowed 28 under subparagraph (f)1. or subparagraph (f)2. during the 29 period July 1, 1995, and June 30, 1996. 30 31 6 CODING: Words stricken are deletions; words underlined are additions. CS/HBs 1489 & 1171, First Engrossed 1 Purchases of local telephone service or other 2 telecommunications service for use in the conduct of a 3 telecommunications service for hire or otherwise for resale 4 are exempt from the tax imposed by this subsection. 5 Section 3. For the purpose of incorporating the 6 amendment to section 203.012, Florida Statutes, in a reference 7 thereto, subparagraph 1. of paragraph (e) of subsection (1) of 8 section 212.05, Florida Statutes, 1996 Supplement, is 9 reenacted to read: 10 212.05 Sales, storage, use tax.--It is hereby declared 11 to be the legislative intent that every person is exercising a 12 taxable privilege who engages in the business of selling 13 tangible personal property at retail in this state, including 14 the business of making mail order sales, or who rents or 15 furnishes any of the things or services taxable under this 16 chapter, or who stores for use or consumption in this state 17 any item or article of tangible personal property as defined 18 herein and who leases or rents such property within the state. 19 (1) For the exercise of such privilege, a tax is 20 levied on each taxable transaction or incident, which tax is 21 due and payable as follows: 22 (e)1. At the rate of 6 percent on charges for: 23 a. All telegraph messages and long-distance telephone 24 calls beginning and terminating in this state, 25 telecommunication service as defined in s. 203.012, and those 26 services described in s. 203.012(2)(a), except that the tax 27 rate for charges for telecommunication service is 7 percent. 28 b. Any television system program service. 29 c. The installation of telecommunication and 30 telegraphic equipment. 31 7 CODING: Words stricken are deletions; words underlined are additions. CS/HBs 1489 & 1171, First Engrossed 1 d. Electrical power or energy, except that the tax 2 rate for charges for electrical power or energy is 7 percent. 3 Section 4. It is the intent of the Legislature that 4 this act is remedial and is intended to clarify existing law. 5 Section 5. This act shall take effect upon becoming a 6 law. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8