Senate Bill sb0818

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    Florida Senate - 2005                                   SB 818

    By Senator Haridopolos





    26-530-05                                            See HB 49

  1                      A bill to be entitled

  2         An act relating to the tax on substitute

  3         communications systems; amending s. 202.11,

  4         F.S.; deleting certain definitions; amending s.

  5         202.12, F.S.; deleting a provision relating to

  6         the manner in which the tax on gross receipts

  7         for communications services is applied to a

  8         substitute communications system; amending ss.

  9         202.16, 202.17, and 202.18, F.S.; correcting

10         cross-references; amending s. 202.19, F.S.;

11         deleting a provision authorizing the imposition

12         of a local communications services tax on

13         substitute communications systems; amending s.

14         203.01, F.S.; deleting a provision authorizing

15         the imposition of a gross receipts tax on

16         actual costs of operating substitute

17         communications systems; amending s. 624.105,

18         F.S.; correcting a cross-reference; specifying

19         that retroactive operation is remedial and does

20         not create any right to or require any refunds;

21         repealing s. 202.15, F.S., relating to special

22         rules for users of substitute communications

23         systems; providing for retroactive operation;

24         providing an effective date.

25  

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

27  

28         Section 1.  Subsections (2) through (15) of section

29  202.11, Florida Statutes, are renumbered as subsections (1)

30  through (14), respectively, subsections (17) through (25) of

31  that section are renumbered as subsections (15) through (23),

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    Florida Senate - 2005                                   SB 818
    26-530-05                                            See HB 49




 1  respectively, and present subsections (1) and (16) of that

 2  section are amended to read:

 3         202.11  Definitions.--As used in this chapter:

 4         (1)  "Actual cost of operating a substitute

 5  communications system" includes, but is not limited to,

 6  depreciation, interest, maintenance, repair, and other

 7  expenses directly attributable to the operation of such

 8  system. For purposes of this chapter, the depreciation expense

 9  included in actual cost is the depreciation expense claimed

10  for federal income tax purposes. The total amount of any

11  payment required by a lease or rental contract or agreement

12  must be included within the actual cost of operating the

13  substitute communications system.

14         (16)  "Substitute communications system" means any

15  telephone system, or other system capable of providing

16  communications services, which a person purchases, installs,

17  rents, or leases for his or her own use to provide himself or

18  herself with services used as a substitute for any switched

19  service or dedicated facility by which a dealer of

20  communications services provides a communication path.

21         Section 2.  Paragraphs (c), (d), and (e) of subsection

22  (1) of section 202.12, Florida Statutes, are redesignated as

23  paragraphs (b), (c), and (d), respectively, and present

24  paragraph (b) of subsection (1) and subsection (2) of that

25  section are amended to read:

26         202.12  Sales of communications services.--The

27  Legislature finds that every person who engages in the

28  business of selling communications services at retail in this

29  state is exercising a taxable privilege. It is the intent of

30  the Legislature that the tax imposed by chapter 203 be

31  administered as provided in this chapter.

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    Florida Senate - 2005                                   SB 818
    26-530-05                                            See HB 49




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

 2  levied on each taxable transaction, and the tax is due and

 3  payable as follows:

 4         (b)  At the rate set forth in paragraph (a) on the

 5  actual cost of operating a substitute communications system,

 6  to be paid in accordance with s. 202.15. This paragraph does

 7  not apply to the use by any dealer of his or her own

 8  communications system to conduct a business of providing

 9  communications services or any communications system operated

10  by a county, a municipality, the state, or any political

11  subdivision of the state. The gross receipts tax imposed by

12  chapter 203 shall be applied to the same costs, and remitted

13  with the tax imposed by this paragraph.

14         (2)  A dealer of taxable communications services shall

15  bill, collect, and remit the taxes on communications services

16  imposed pursuant to chapter 203 and this section at a combined

17  rate that is the sum of the rate of tax on communications

18  services prescribed in chapter 203 and the applicable rate of

19  tax prescribed in this section. Each dealer subject to the tax

20  provided in paragraph (1)(b) shall also remit the taxes

21  imposed pursuant to chapter 203 and this section on a combined

22  basis. However, a dealer shall, in reporting each remittance

23  to the department, identify the portion thereof which consists

24  of taxes remitted pursuant to chapter 203. Return forms

25  prescribed by the department shall facilitate such reporting.

26         Section 3.  Paragraph (a) of subsection (1) of section

27  202.16, Florida Statutes, is amended to read:

28         202.16  Payment.--The taxes imposed or administered

29  under this chapter and chapter 203 shall be collected from all

30  dealers of taxable communications services on the sale at

31  retail in this state of communications services taxable under

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    Florida Senate - 2005                                   SB 818
    26-530-05                                            See HB 49




 1  this chapter and chapter 203. The full amount of the taxes on

 2  a credit sale, installment sale, or sale made on any kind of

 3  deferred payment plan is due at the moment of the transaction

 4  in the same manner as a cash sale.

 5         (1)(a)  Except as otherwise provided in ss.

 6  202.12(1)(b) and 202.15, The taxes collected under this

 7  chapter and chapter 203 shall be paid by the purchaser of the

 8  communications service and shall be collected from such person

 9  by the dealer of communications services.

10         Section 4.  Subsection (6) of section 202.17, Florida

11  Statutes, is amended to read:

12         202.17  Registration.--

13         (6)  In addition to the certificate of registration,

14  the department shall provide to each newly registered dealer

15  an initial resale certificate that is valid for the remainder

16  of the period of issuance. The department shall provide to

17  each active dealer, except persons registered pursuant to s.

18  202.15, an annual resale certificate. As used in this section,

19  the term "active dealer" means a person who is registered with

20  the department and who is required to file a return at least

21  once during each applicable reporting period.

22         Section 5.  Subsections (1) and (2) of section 202.18,

23  Florida Statutes, are amended to read:

24         202.18  Allocation and disposition of tax

25  proceeds.--The proceeds of the communications services taxes

26  remitted under this chapter shall be treated as follows:

27         (1)  The proceeds of the taxes remitted under s.

28  202.12(1)(a) and (b) shall be divided as follows:

29         (a)  The portion of such proceeds which constitutes

30  gross receipts taxes, imposed at the rate prescribed in

31  

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    Florida Senate - 2005                                   SB 818
    26-530-05                                            See HB 49




 1  chapter 203, shall be deposited as provided by law and in

 2  accordance with s. 9, Art. XII of the State Constitution.

 3         (b)  The remaining portion shall be distributed

 4  according to s. 212.20(6).

 5         (2)  The proceeds of the taxes remitted under s.

 6  202.12(1)(b)(c) shall be divided as follows:

 7         (a)  The portion of such proceeds which constitutes

 8  gross receipts taxes, imposed at the rate prescribed in

 9  chapter 203, shall be deposited as provided by law and in

10  accordance with s. 9, Art. XII of the State Constitution.

11         (b)  Sixty-three percent of the remainder shall be

12  allocated to the state and distributed pursuant to s.

13  212.20(6), except that the proceeds allocated pursuant to s.

14  212.20(6)(d)3. shall be prorated to the participating counties

15  in the same proportion as that month's collection of the taxes

16  and fees imposed pursuant to chapter 212 and paragraph (1)(b).

17         (c)1.  During each calendar year, the remaining portion

18  of such proceeds shall be transferred to the Local Government

19  Half-cent Sales Tax Clearing Trust Fund and shall be allocated

20  in the same proportion as the allocation of total receipts of

21  the half-cent sales tax under s. 218.61 and the emergency

22  distribution under s. 218.65 in the prior state fiscal year.

23         2.  The proportion of the proceeds allocated based on

24  the emergency distribution under s. 218.65 shall be

25  distributed pursuant to s. 218.65.

26         3.  In each calendar year, the proportion of the

27  proceeds allocated based on the half-cent sales tax under s.

28  218.61 shall be allocated to each county in the same

29  proportion as the county's percentage of total sales tax

30  allocation for the prior state fiscal year and distributed

31  pursuant to s. 218.62.

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    Florida Senate - 2005                                   SB 818
    26-530-05                                            See HB 49




 1         4.  The department shall distribute the appropriate

 2  amount to each municipality and county each month at the same

 3  time that local communications services taxes are distributed

 4  pursuant to subsection (3).

 5         Section 6.  Subsections (8) through (12) of section

 6  202.19, Florida Statutes, are renumbered as subsections (7)

 7  through (11), respectively, and present subsection (7) of that

 8  section is amended to read:

 9         202.19  Authorization to impose local communications

10  services tax.--

11         (7)  Any tax imposed by a municipality, school board,

12  or county under this section also applies to the actual cost

13  of operating a substitute communications system, to be paid in

14  accordance with s. 202.15. This subsection does not apply to

15  the use by any provider of its own communications system to

16  conduct a business of providing communications services or to

17  the use of any communications system operated by a county, a

18  municipality, the state, or any political subdivision of the

19  state.

20         Section 7.  Paragraph (a) of subsection (1) of section

21  203.01, Florida Statutes, is amended to read:

22         203.01  Tax on gross receipts for utility and

23  communications services.--

24         (1)(a)1.  Every person that receives payment for any

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

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

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

28  receipts derived from business done within this state, or

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

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

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

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    Florida Senate - 2005                                   SB 818
    26-530-05                                            See HB 49




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

 2  the Chief Financial Officer upon the request of the State

 3  Board of Education.

 4         2.  A tax is levied on communications services as

 5  defined in s. 202.11(2)(3). Such tax shall be applied to the

 6  same services and transactions as are subject to taxation

 7  under chapter 202, and to communications services that are

 8  subject to the exemption provided in s. 202.125(1). Such tax

 9  shall be applied to the sales price of communications services

10  when sold at retail and to the actual cost of operating

11  substitute communications systems, as such terms are defined

12  in s. 202.11, shall be due and payable at the same time as the

13  taxes imposed pursuant to chapter 202, and shall be

14  administered and collected pursuant to the provisions of

15  chapter 202.

16         Section 8.  Section 624.105, Florida Statutes, is

17  amended to read:

18         624.105  Waiver of customer liability.--Any regulated

19  company as defined in s. 350.111, any electric utility as

20  defined in s. 366.02(2), any utility as defined in s.

21  367.021(12) or s. 367.022(2) and (7), and any provider of

22  communications services as defined in s. 202.11(2)(3) may

23  charge for and include an optional waiver of liability

24  provision in their customer contracts under which the entity

25  agrees to waive all or a portion of the customer's liability

26  for service from the entity for a defined period in the event

27  of the customer's call to active military service, death,

28  disability, involuntary unemployment, qualification for family

29  leave, or similar qualifying event or condition. Such

30  provisions may not be effective in the customer's contract

31  with the entity unless affirmatively elected by the customer.

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    Florida Senate - 2005                                   SB 818
    26-530-05                                            See HB 49




 1  No such provision shall constitute insurance so long as the

 2  provision is a contract between the entity and its customer.

 3         Section 9.  The retroactive application of the

 4  provisions of this act are remedial in nature and shall not be

 5  construed to create a right to a refund or to require a refund

 6  by any governmental entity of any tax, penalty, or interest

 7  remitted to the Department of Revenue on substitute

 8  communications systems prior to the effective date of this

 9  act.

10         Section 10.  Section 202.15, Florida Statutes, is

11  repealed.

12         Section 11.  This act shall take effect upon becoming a

13  law and shall apply retroactively to October 1, 2001.

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