Senate Bill sb1774c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                           CS for SB 1774

    By the Committee on Finance and Taxation; and Senator Campbell





    314-1980-03

  1                      A bill to be entitled

  2         An act relating to the tax on gross receipts

  3         for utility and communications services;

  4         amending s. 203.01, F.S.; providing for a tax

  5         on utility services delivered to a retail

  6         consumer in this state; providing for a tax on

  7         the gross receipts of a distribution company

  8         providing delivery of electricity to a retail

  9         consumer, based on an index price; providing

10         for an annual calculation of the index price;

11         providing a credit for similar taxes paid to

12         another jurisdiction; providing for a tax on

13         the gross receipts of a distribution company

14         providing transportation of natural gas or

15         manufactured gas to a retail consumer, based on

16         an index price; providing for an annual

17         calculation of the index price; providing a

18         credit for similar taxes paid to another

19         jurisdiction; providing for a tax on the cost

20         price of electricity, natural gas, or

21         manufactured gas to be paid by any person who

22         causes these products to be severed or imported

23         into the state for that person's own use;

24         revising obsolete provisions; providing that

25         the term "gross receipts" does not include the

26         sale of manufactured gas to a public or private

27         utility for resale or for use as a fuel in the

28         generation of electricity; providing that the

29         term "gross receipts" does not include

30         wholesale electric transmission service or the

31         use and consumption of natural gas to produce

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1774
    314-1980-03




 1         oil or natural gas or the use and consumption

 2         of natural or manufactured gas to transport

 3         those products or the sale or transportation to

 4         or use of natural or manufactured gas by

 5         certain manufacturers; amending s. 203.012,

 6         F.S.; redefining the term "utility service";

 7         defining the term "distribution company";

 8         authorizing the executive director of the

 9         department to adopt emergency rules to

10         implement the provisions of this act; providing

11         an amnesty for unpaid gross receipts tax,

12         penalties, and interest on unpaid gross

13         receipts tax otherwise due for selling natural

14         gas in this state; providing conditions for the

15         amnesty; providing limitations for the amnesty;

16         authorizing the executive director of the

17         Department of Revenue to adopt emergency rules

18         to implement the amnesty; providing effective

19         dates.

20  

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

22  

23         Section 1.  Paragraph (a) and present paragraph (f) of

24  subsection (1) of section 203.01, Florida Statutes, are

25  amended, present paragraphs (c) through (f) of that subsection

26  are redesignated as paragraphs (h) through (k), respectively,

27  new paragraphs (c) through (g) are added to that subsection,

28  and subsection (3) of that section is amended, to read:

29         203.01  Tax on gross receipts for utility and

30  communications services.--

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1774
    314-1980-03




 1         (1)(a)1.  A tax is imposed on gross receipts from

 2  utility services that are delivered to a retail consumer in

 3  this state. Such tax shall be levied as provided in paragraphs

 4  (b) through (j). Every person that receives payment for any

 5  utility service shall report by the last day of each month to

 6  the Department of Revenue, under oath of the secretary or some

 7  other officer of such person, the total amount of gross

 8  receipts derived from business done within this state, or

 9  between points within this state, for the preceding month and,

10  at the same time, shall pay into the State Treasury an amount

11  equal to a percentage of such gross receipts at the rate set

12  forth in paragraph (b).  Such collections shall be certified

13  by the Comptroller upon the request of the State Board of

14  Education.

15         2.  A tax is levied on communications services as

16  defined in s. 202.11(3). Such tax shall be applied to the same

17  services and transactions as are subject to taxation under

18  chapter 202, and to communications services that are subject

19  to the exemption provided in s. 202.125(1). Such tax shall be

20  applied to the sales price of communications services when

21  sold at retail and to the actual cost of operating substitute

22  communications systems, as such terms are defined in s.

23  202.11, shall be due and payable at the same time as the taxes

24  imposed pursuant to chapter 202, and shall be administered and

25  collected pursuant to the provisions of chapter 202.

26         (c)  The tax shall be levied against the total amount

27  of gross receipts received by a distribution company for its

28  sale of utility services, if the utility service is delivered

29  to the final consumer by a distribution company, and the final

30  consumer pays the distribution company a charge for utility

31  service which includes a charge for both the electricity or

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1774
    314-1980-03




 1  natural or manufactured gas and the transportation of

 2  electricity or natural or manufactured gas to the consumer.

 3  The distribution company shall report and remit to the

 4  Department of Revenue by the last day of each month the taxes

 5  levied pursuant to this paragraph during the preceding month.

 6         (d)1.  Each distribution company that receives payment

 7  for the delivery of electricity from a retail consumer in this

 8  state is subject to tax on the exercise of this privilege as

 9  provided by this paragraph unless the payment is subject to

10  tax under paragraph (c). For the exercise of this privilege,

11  the tax levied on such distribution company's receipts for the

12  delivery of electricity shall be determined by multiplying the

13  number of kilowatt hours delivered by the index price and

14  applying the rate in paragraph (b) to the result.

15         2.  The index price is the average Florida price per

16  kilowatt hour for commercial and industrial retail consumers

17  in the previous calendar year, as published in the United

18  States Energy Information Administration Electric Power

19  Monthly and announced by the Department of Revenue on June 1

20  of each year to be effective for the 12-month period beginning

21  July 1 of that year.

22         3.  Tax due under this paragraph shall be administered,

23  paid, and reported in the same manner as the tax due under

24  paragraph (c).

25         4.  The amount of tax due under this paragraph shall be

26  reduced by the amount of any gross receipts tax or similar tax

27  lawfully imposed on and paid by the person from whom the

28  consumer purchased the electricity, whether imposed by and

29  paid to this state, another state, a territory of the United

30  States, or the District of Columbia. This reduction must be

31  reflected in a reduction to any gross receipts tax passed on

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1774
    314-1980-03




 1  to the final retail consumer as a separately stated charge and

 2  does not inure to the benefit of the person who receives

 3  payment for the delivery of the electricity. The methods of

 4  demonstrating proof of payment and the amount of such

 5  reduction in tax shall be made according to rules of the

 6  Department of Revenue.

 7         (e)1.  Every distribution company that receives payment

 8  for the transportation of natural or manufactured gas from a

 9  retail consumer in this state is subject to tax on the

10  exercise of this privilege as provided by this paragraph

11  unless the payment is subject to tax under paragraph (c). For

12  the exercise of this privilege the tax levied on such

13  distribution company's receipts for the transportation of

14  natural or manufactured gas shall be determined by dividing

15  the number of cubic feet delivered by 1,000, multiplying the

16  resulting number by the index price, and applying the rate in

17  paragraph (a) to the result.

18         2.  The index price is the average Florida price per

19  1,000 cubic feet for commercial and industrial retail

20  consumers in the previous calendar year as published in the

21  United Station Energy Information Administration Natural Gas

22  Monthly and announced by the Department of Revenue on June 1

23  of each year to be effective for the 12-month period beginning

24  July 1 of that year.

25         3.  Tax due under this paragraph shall be administered,

26  paid, and reported in the same manner as the tax due under

27  paragraph (c).

28         4.  The amount of tax due under this paragraph shall be

29  reduced by the amount of any gross receipts tax or similar tax

30  lawfully imposed on and paid by the person from whom the

31  consumer purchased the natural gas or manufactured gas,

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1774
    314-1980-03




 1  whether imposed by and paid to this state, another state, a

 2  territory of the United States, or the District of Columbia.

 3  This reduction must be reflected in a reduction to any gross

 4  receipts tax passed on to the consumer as a separately stated

 5  charge and does not inure to the benefit of the person

 6  providing the transportation service. The methods of

 7  demonstrating proof of payment and the amount of such

 8  reduction in tax shall be made according to rules of the

 9  Department of Revenue.

10         (f)  Any person who purchases and imports into this

11  state electricity, natural gas, or manufactured gas, or severs

12  natural gas, for that person's own use or consumption as a

13  substitute for purchasing utility, transportation, or delivery

14  services taxable under this chapter and who cannot demonstrate

15  payment of the tax imposed by this chapter must register with

16  the Department of Revenue and pay into the State Treasury each

17  month an amount equal to the cost price of such electricity,

18  natural gas, or manufactured gas times the rate set forth in

19  paragraph (b), reduced by the amount of any gross receipts tax

20  or similar tax lawfully imposed on and paid by the person from

21  whom the electricity, natural gas, or manufactured gas was

22  purchased or any person who provided delivery service or

23  transportation service in connection with the electricity,

24  natural gas, or manufactured gas. For purposes of this

25  paragraph, the term "cost price" has the meaning ascribed in

26  s. 212.02(4). The methods of demonstrating proof of payment

27  and the amount of such reductions in tax shall be made

28  according to rules of the Department of Revenue.

29         (g)(f)  Notwithstanding any other provision of this

30  chapter, with the exception of a communications services

31  dealer reporting taxes administered under chapter 202

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1774
    314-1980-03




 1  telephone or telecommunication system described in paragraph

 2  (c), the department may require:

 3         1.  A quarterly return and payment when the tax

 4  remitted for the preceding four calendar quarters did not

 5  exceed $1,000;

 6         2.  A semiannual return and payment when the tax

 7  remitted for the preceding four calendar quarters did not

 8  exceed $500; or

 9         3.  An annual return and payment when the tax remitted

10  for the preceding four calendar quarters did not exceed $100.

11         (3)  The tax imposed by subsection (1) does not apply

12  to term "gross receipts" as used herein does not include gross

13  receipts of any person derived from:

14         (a)  The sale or transportation of natural gas or

15  manufactured gas to a public or private utility, including a

16  municipal corporation or rural electric cooperative

17  association, either for resale or for use as fuel in the

18  generation of electricity; or

19         (b)  The sale or delivery of electricity to a public or

20  private utility, including a municipal corporation or rural

21  electric cooperative association, for resale within the state,

22  or as part of an electrical interchange agreement or contract

23  between such utilities for the purpose of transferring more

24  economically generated power,;

25  

26  provided the person deriving gross receipts from such sale

27  demonstrates that a sale, transportation, or delivery for

28  resale in fact occurred and complies with the following

29  requirements: A sale, transportation, or delivery for resale

30  in this state must be in strict compliance with the rules and

31  regulations of the Department of Revenue; and any sale subject

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1774
    314-1980-03




 1  to the tax imposed by this section which is person making a

 2  sale for resale in this state which is not in strict

 3  compliance with the rules and regulations of the Department of

 4  Revenue shall be subject to liable for and pay the tax at the

 5  appropriate rate imposed on utilities by paragraph (b) on the

 6  person making such sale. Any person making a sale for resale

 7  in this state may, through an informal protest provided for in

 8  s. 213.21 and the rules of the Department of Revenue, provide

 9  the department with evidence of the exempt status of a sale.

10  The department shall adopt rules which provide that valid

11  proof and documentation of the resale in this state by a

12  person making the sale for resale in this state will be

13  accepted by the department when submitted during the protest

14  period but will not be accepted when submitted in any

15  proceeding under chapter 120 or any circuit court action

16  instituted under chapter 72;.

17         (c)  Wholesale sales of electric transmission service;

18         (d)  The use of natural gas in the production of oil or

19  gas, or the use of natural or manufactured gas by a person

20  transporting natural or manufactured gas, when used and

21  consumed in providing such services; or

22         (e)  The sale or transportation to, or use of, natural

23  gas or manufactured gas by manufacturers classified under SIC

24  Industry Major Group Numbers 24, 26, or 28 or Industry Group

25  Numbers 1475, 2297, or 3295, as published in the Standard

26  Industrial Classification Manual, 1987, by the Office of

27  Management and Budget, Executive Office of the President, for

28  use as an energy source or a raw material.

29         Section 2.  Section 203.012, Florida Statutes, is

30  amended to read:

31         203.012  Definitions.--As used in this chapter:

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1774
    314-1980-03




 1         (1)  "Utility service" means electricity for light,

 2  heat, or power; and natural or manufactured gas for light,

 3  heat, or power, including transportation, delivery,

 4  transmission, and distribution of the electricity or natural

 5  or manufactured gas. This subsection does not broaden the

 6  definition of utility service to include separately stated

 7  charges for tangible personal property or services that are

 8  not charges for the electricity or natural or manufactured gas

 9  or the transportation, delivery, transmission, or distribution

10  of electricity or natural or manufactured gas.

11         (2)  "Person" means any person as defined in s. 212.02.

12         (3)  "Distribution company" means any person owning or

13  operating local electric or natural or manufactured gas

14  utility distribution facilities within this state for the

15  transmission, delivery, and sale of electricity, or natural or

16  manufactured gas. The term does not include natural gas

17  transmission companies that are subject to the jurisdiction of

18  the Federal Energy Regulatory Commission.

19         Section 3.  Emergency rules.--The executive director of

20  the Department of Revenue is authorized, and all conditions

21  are deemed met, to adopt emergency rules, under sections

22  120.536(1) and 120.54(4), Florida Statutes, to implement the

23  provisions of section 203.01, Florida Statutes, that provide

24  for remittance of tax by distribution companies and

25  self-accrual of tax by retail consumers and the provision of

26  section 203.012(1), Florida Statutes, that provides that

27  utility services include transportation, transmission, and

28  distribution of electricity and natural or manufactured gas.

29  Such rules shall include forms the Department of Revenue

30  determines are necessary or appropriate for registration,

31  applying for self-accrual authority, reporting, and remitting

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1774
    314-1980-03




 1  taxes, or applying for credits. Notwithstanding any other

 2  provision of law, such emergency rules shall remain effective

 3  for 6 months after the date of adoption and may be renewed

 4  during the pendency of procedures to adopt rules addressing

 5  the subject of the emergency rules.

 6         Section 4.  Amnesty for registration and remittance of

 7  tax.--

 8         (1)  The state shall provide an amnesty for unpaid

 9  gross receipts tax, penalties, and interest on unpaid gross

10  receipts tax that may otherwise be due for the sale or

11  transportation of natural gas for consumption in this state if

12  all of the following requirements are satisfied.

13         (a)  The sales subject to amnesty were made prior to

14  the effective date of this section.

15         (b)  The gross receipts at issue were derived from one

16  of the following:

17         1.  Sales by persons who are not regulated pursuant to

18  chapter 366;

19         2.  Sales for which the written sales agreement

20  provides for transfer of title to the gas outside the state;

21  or

22         3.  Sales of transportation services associated with

23  the sales of gas.

24         (c)  The seller registers with the Department of

25  Revenue to pay gross receipts tax on or before the effective

26  date of this section.

27         (d)  The seller applies for amnesty within 3 months

28  after the effective date of this section, in accordance with

29  the rules of the Department of Revenue.

30         (2)  The amnesty is not available for taxes, penalties,

31  or interest that have been assessed if the assessment is final

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1774
    314-1980-03




 1  and has not been timely challenged, or for any tax, penalty,

 2  or interest that has been previously paid to the department

 3  unless the payment is the subject of an assessment that is not

 4  final or that has been timely challenged.

 5         (3)  The amnesty is not available for tax billed to or

 6  collected by the seller as an itemized charge to customers.

 7         (4)  The executive director of the Department of

 8  Revenue may adopt emergency rules under sections 120.536(1)

 9  and 120.54(4), Florida Statutes, to implement the amnesty.

10  Such rules may provide forms and procedures for applying for

11  amnesty; for reporting the sales for which amnesty is sought;

12  and for ensuring the applicant's ongoing commitment to

13  registration, collection, and remittance of the state's gross

14  receipts tax. Notwithstanding any other law, the emergency

15  rules shall remain effective until the later of the date that

16  is 6 months after the date of adoption of the rule or the date

17  of final resolution of all amnesty applications filed pursuant

18  to this section.

19         (5)  This section shall take effect July 1, 2003.

20         Section 5.  Except as otherwise expressly provided in

21  this act, this act shall take effect January 1, 2004.

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                             SB 1774

25                                 

26  This committee substitute for SB 1774 provides that sales or
    transportation to, or use of natural or manufactured gas by
27  certain manufacturers is not subject to gross receipts tax. It
    also gives the Department of Revenue authority to enact
28  emergency rules to implement provisions of the bill, and
    redefines "utility services" and defines "distribution
29  company" for the purposes of the Chapter 203, Florida
    Statutes.
30  

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.