Senate Bill 2254

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    Florida Senate - 2000                                  SB 2254

    By Senator Horne





    6-1316B-00

  1                      A bill to be entitled

  2         An act relating to the taxation of prepaid

  3         telephone calling cards; amending s. 166.231,

  4         F.S.; excluding from the public service tax

  5         charges at retail on prepaid calling cards;

  6         providing applicability of the amendment to s.

  7         166.231(9), F.S.; amending s. 212.05, F.S.;

  8         reducing the amount of the sales tax which is

  9         imposed on prepaid calling cards; amending s.

10         212.054, F.S.; providing that the local option

11         sales tax applies to prepaid calling cards;

12         providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Paragraph (f) of subsection (9) of section

17  166.231, Florida Statutes, is amended to read:

18         166.231  Municipalities; public service tax.--

19         (9)  A municipality may levy a tax on the purchase of

20  telecommunication services as defined in s. 203.012 as

21  follows:

22         (f)  A seller of services which are subject to the tax

23  imposed by a municipality under this subsection shall file a

24  return with the municipality each month. The form of the

25  return shall be determined by the seller, and the return shall

26  be deemed sufficient if it identifies the name and address of

27  the seller, the period of the return, the amount collected

28  from the sale of taxable services, any collection allowance

29  taken, the amount of tax remitted with the return, and the

30  name and telephone number of a person authorized by the seller

31  to respond to inquiries from municipalities concerning the

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    Florida Senate - 2000                                  SB 2254
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  1  seller's administration of the tax. A municipality may not

  2  require any return or payment of public service tax other than

  3  on a date returns and payments of tax are required under

  4  chapter 212. However, a municipality may grant an extension of

  5  the due date for a return or payment upon written request from

  6  the seller. The deduction authorized by paragraph (b) shall

  7  not be allowed in the event of an untimely return, unless the

  8  seller has in writing requested and been granted an extension

  9  of time for filing such return. Extensions of time shall be

10  granted if reasonable cause is shown, whether requested before

11  or after the due date of the return. Notwithstanding any other

12  provision of law, the public service tax shall not be

13  collected at retail on prepaid telephone calling cards.

14         Section 2.  Paragraph (e) of subsection (1) of section

15  212.05, Florida Statutes, is amended to read:

16         212.05  Sales, storage, use tax.--It is hereby declared

17  to be the legislative intent that every person is exercising a

18  taxable privilege who engages in the business of selling

19  tangible personal property at retail in this state, including

20  the business of making mail order sales, or who rents or

21  furnishes any of the things or services taxable under this

22  chapter, or who stores for use or consumption in this state

23  any item or article of tangible personal property as defined

24  herein and who leases or rents such property within the state.

25         (1)  For the exercise of such privilege, a tax is

26  levied on each taxable transaction or incident, which tax is

27  due and payable as follows:

28         (e)1.  At the rate of 6 percent on charges for:

29         a.  All telegraph messages and long-distance telephone

30  calls beginning and terminating in this state,

31  telecommunication service as defined in s. 203.012, and those

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    Florida Senate - 2000                                  SB 2254
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  1  services described in s. 203.012(2)(a), except that the tax

  2  rate for charges for telecommunication service is 7 percent.

  3  No tax shall be due under this paragraph on a long-distance

  4  telephone call or telecommunication service that is sold by

  5  way of a prepaid telephone calling card that is taxable under

  6  sub-subparagraph b.

  7         b.  The tax on calls made with a Prepaid telephone

  8  calling cards. The tax imposed by this sub-subparagraph card

  9  shall be collected at the time of sale or recharge of the card

10  and remitted by the dealer selling or recharging a prepaid

11  telephone calling card.

12         (I)  A prepaid telephone calling card or authorization

13  number means the right to exclusively make telephone calls

14  that must be paid for in advance and that enable the

15  origination of calls using an access number, prepaid wireless

16  mobile account, or authorization code or number, whether

17  manually or electronically dialed.

18         (II)  If the sale or recharge of the prepaid telephone

19  calling card does not take place at the dealer's place of

20  business, it shall be deemed to take place at the customer's

21  shipping address or, if no item is shipped, at the customer's

22  address or the location associated with the customer's mobile

23  telephone number.

24         (III)  The prepaid telephone calling phone card

25  constitutes property in this state and subjects the selling

26  dealer to the jurisdiction of this state for purposes of this

27  subsection.

28         c.b.  Any television system program service.

29         d.c.  The installation of telecommunication and

30  telegraphic equipment.

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    Florida Senate - 2000                                  SB 2254
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  1         e.d.  Electrical power or energy, except that the tax

  2  rate for charges for electrical power or energy is 7 percent.

  3         2.  For purposes of this chapter, "television system

  4  program service" means the transmitting, by any means, of any

  5  audio or video signal to a subscriber for other than

  6  retransmission, or the installing, connecting, reconnecting,

  7  disconnecting, moving, or changing of any equipment related to

  8  such service.  For purposes of this chapter, the term

  9  "telecommunication service" does not include local service

10  provided through a pay telephone. The provisions of s.

11  212.17(3), regarding credit for tax paid on charges

12  subsequently found to be worthless, shall be equally

13  applicable to any tax paid under the provisions of this

14  section on charges for telecommunication or telegraph services

15  or electric power subsequently found to be uncollectible. The

16  word "charges" in this paragraph does not include any excise

17  or similar tax levied by the Federal Government, any political

18  subdivision of the state, or any municipality upon the

19  purchase or sale of telecommunication, television system

20  program, or telegraph service or electric power, which tax is

21  collected by the seller from the purchaser.

22         3.  Telegraph messages and telecommunication services

23  that which originate or terminate in this state, other than

24  interstate private communication services, and are billed to a

25  customer, telephone number, or device located within this

26  state are taxable under sub-subparagraph 1.a. this paragraph.

27  Interstate private communication services are taxable under

28  sub-subparagraph 1.a. this paragraph as follows:

29         a.  One hundred percent of the charge imposed at each

30  channel termination point within this state;

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    Florida Senate - 2000                                  SB 2254
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  1         b.  One hundred percent of the charge imposed for the

  2  total channel mileage between each channel termination point

  3  within this state; and

  4         c.  The portion of the interstate interoffice channel

  5  mileage charge as determined by multiplying said charge times

  6  a fraction, the numerator of which is the air miles between

  7  the last channel termination point in this state and the

  8  vertical and horizontal coordinates, 7856 and 1756,

  9  respectively, and the denominator of which is the air miles

10  between the last channel termination point in this state and

11  the first channel termination point outside this state.  The

12  denominator of this fraction shall be adjusted, if necessary,

13  by adding the numerator of said fraction to similarly

14  determined air miles in the state in which the other channel

15  termination point is located, so that the summation of the

16  apportionment factor for this state and the apportionment

17  factor for the other state is not greater than one, to ensure

18  that no more than 100 percent of the interstate interoffice

19  channel mileage charge can be taxed by this state and another

20  state.

21         4.  The tax imposed pursuant to sub-subparagraph 1.a.

22  this paragraph shall not exceed $50,000 per calendar year on

23  charges to any person for interstate telecommunications

24  services defined in s. 203.012(4) and (7)(b), if the majority

25  of such services used by such person are for communications

26  originating outside of this state and terminating in this

27  state.  This exemption shall only be granted to holders of a

28  direct pay permit issued pursuant to this subparagraph.  No

29  refunds shall be given for taxes paid prior to receiving a

30  direct pay permit. Upon application, the department may issue

31  a direct pay permit to the purchaser of telecommunications

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    Florida Senate - 2000                                  SB 2254
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  1  services authorizing such purchaser to pay tax on such

  2  services directly to the department. Any vendor furnishing

  3  telecommunications services to the holder of a valid direct

  4  pay permit shall be relieved of the obligation to collect and

  5  remit the tax on such service. Tax payments and returns

  6  pursuant to a direct pay permit shall be monthly. For purposes

  7  of this subparagraph, the term "person" shall be limited to a

  8  single legal entity and shall not be construed as meaning a

  9  group or combination of affiliated entities or entities

10  controlled by one person or group of persons.

11         5.  If the sale of a television system program service,

12  as defined in this paragraph, also involves the sale of an

13  item exempt under s. 212.08(7)(j), the tax shall be applied to

14  the value of the taxable service when it is sold separately.

15  If the company does not offer this service separately, the

16  consideration paid shall be separately identified and stated

17  with respect to the taxable and exempt portions of the

18  transaction as a condition of the exemption, except that the

19  amount identified as taxable shall not be less than the cost

20  of the service.

21         Section 3.  Paragraph (b) of subsection (2) of section

22  212.054, Florida Statutes, is amended to read:

23         212.054  Discretionary sales surtax; limitations,

24  administration, and collection.--

25         (2)

26         (b)  However:

27         1.  The tax on any sales amount above $5,000 on any

28  item of tangible personal property and on long-distance

29  telephone service shall not be subject to the surtax.

30  However, charges for prepaid telephone calling cards, as

31  defined in s. 212.05(1)(e)1.b., shall be subject to the

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    Florida Senate - 2000                                  SB 2254
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  1  surtax. For purposes of administering the $5,000 limitation on

  2  an item of tangible personal property, if two or more taxable

  3  items of tangible personal property are sold to the same

  4  purchaser at the same time and, under generally accepted

  5  business practice or industry standards or usage, are normally

  6  sold in bulk or are items that, when assembled, comprise a

  7  working unit or part of a working unit, such items must be

  8  considered a single item for purposes of the $5,000 limitation

  9  when supported by a charge ticket, sales slip, invoice, or

10  other tangible evidence of a single sale or rental. The

11  limitation provided in this subparagraph does not apply to the

12  sale of any other service.

13         2.  In the case of utility, telecommunication, or

14  television system program services billed on or after the

15  effective date of any such surtax, the entire amount of the

16  charge tax for utility, telecommunication, or television

17  system program services shall be subject to the surtax.  In

18  the case of utility, telecommunication, or television system

19  program services billed after the last day the surtax is in

20  effect, the entire amount of the charge tax on said items

21  shall not be subject to the surtax.

22         3.  In the case of written contracts which are signed

23  prior to the effective date of any such surtax for the

24  construction of improvements to real property or for

25  remodeling of existing structures, the surtax shall be paid by

26  the contractor responsible for the performance of the

27  contract.  However, the contractor may apply for one refund of

28  any such surtax paid on materials necessary for the completion

29  of the contract.  Any application for refund shall be made no

30  later than 15 months following initial imposition of the

31  surtax in that county.  The application for refund shall be in

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    Florida Senate - 2000                                  SB 2254
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  1  the manner prescribed by the department by rule.  A complete

  2  application shall include proof of the written contract and of

  3  payment of the surtax.  The application shall contain a sworn

  4  statement, signed by the applicant or its representative,

  5  attesting to the validity of the application.  The department

  6  shall, within 30 days after approval of a complete

  7  application, certify to the county information necessary for

  8  issuance of a refund to the applicant. Counties are hereby

  9  authorized to issue refunds for this purpose and shall set

10  aside from the proceeds of the surtax a sum sufficient to pay

11  any refund lawfully due.  Any person who fraudulently obtains

12  or attempts to obtain a refund pursuant to this subparagraph,

13  in addition to being liable for repayment of any refund

14  fraudulently obtained plus a mandatory penalty of 100 percent

15  of the refund, is guilty of a felony of the third degree,

16  punishable as provided in s. 775.082, s. 775.083, or s.

17  775.084.

18         4.  In the case of any vessel, railroad, or motor

19  vehicle common carrier entitled to partial exemption from tax

20  imposed under this chapter pursuant to s. 212.08(4), (8), or

21  (9), the basis for imposition of surtax shall be the same as

22  provided in s. 212.08 and the ratio shall be applied each

23  month to total purchases in this state of property qualified

24  for proration which is delivered or sold in the taxing county

25  to establish the portion used and consumed in intracounty

26  movement and subject to surtax.

27         Section 4.  All taxes that have been collected pursuant

28  to section 166.231(9)(f), Florida Statutes, on prepaid

29  telephone calling cards sold at retail prior to the effective

30  date of this act must be remitted, and taxes that have been

31  remitted before July 1, 2000, on prepaid telephone calling

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    Florida Senate - 2000                                  SB 2254
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  1  cards sold at retail are not subject to refund. Any taxes that

  2  were not collected pursuant to section 166.231(9)(f), Florida

  3  Statutes, on prepaid telephone calling cards sold at retail

  4  which taxes were not collected prior to the effective date of

  5  this act need not be paid and are forgiven.

  6         Section 5.  This act shall take effect July 1, 2000.

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  9                          SENATE SUMMARY

10    Relates to the taxation of prepaid telephone calling
      cards. Excludes certain services paid for by such cards
11    from the public service tax. Lowers from 7 percent to 6
      percent the amount of the sales tax imposed on charges
12    paid by such cards. Provides that the local option sales
      tax applies to the cards.
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