Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 2070
Barcode 422006
CHAMBER ACTION
Senate House
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11 Senators Constantine, Pruitt, and Carlton moved the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 On page 9, line 20, through
16 page 11, line 2, delete those lines
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18 and insert: prescribe by rule the books and records that must
19 be made available during an audit of the dealer's books and
20 records and examples of methods for determining the
21 reasonableness thereof. Books and records kept in the regular
22 course of business include, but are not limited to, general
23 ledgers, price lists, cost records, customer billings, billing
24 system reports, tariffs, and other regulatory filings and
25 rules of regulatory authorities. Such record may be required
26 to be made available to the department in an electronic format
27 when so kept by the dealer. The dealer may support the
28 allocation of charges with books and records kept in the
29 regular course of business covering the dealer's entire
30 service area, including territories outside this state. During
31 an audit, the department may reasonably require production of
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 2070
Barcode 422006
1 any additional books and records found necessary to assist in
2 its determination.
3 Section 7. The Executive Director of the Department of
4 Revenue is authorized, and all conditions are deemed met, to
5 adopt emergency rules under sections 120.563(1) and 120.54(4),
6 Florida Statutes, to administer this act. Notwithstanding any
7 other provision of law, the emergency rules shall remain
8 effective for 6 months after the date of their adoption and
9 may be renewed during the pendency of procedures to adopt
10 rules addressing the subject of the emergency rules.
11 Section 8. Subsection (8) is added to section 202.17,
12 Florida Statutes, to read:
13 202.17 Registration.--
14 (8) It is the intent of the Legislature to subject to
15 the provisions of this chapter all sellers of communications
16 services that have established a sufficient connection with
17 this state to permit the state constitutionally to require
18 compliance with this chapter. Activities of a seller of
19 communications services that may subject such a seller to the
20 provisions of this chapter include, but are not limited to:
21 (a) Maintaining an office or other place of business
22 within this state.
23 (b) Solicitation of business from one or more Florida
24 locations through employees, agents, independent contractors,
25 or other representatives of such seller.
26 Section 9. This act shall take effect July 1, 2005.
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30 And the title is amended as follows:
31 On page 1, line 22, after the semicolon,
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 2070
Barcode 422006
1 insert:
2 providing for emergency rulemaking by the
3 Department of Revenue; amending s. 202.17,
4 F.S.; providing intent that all sellers of
5 communications services must comply with ch.
6 202, F.S.; providing an effective date.
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