Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2482
                        Barcode 245356
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: 14/RCS          .                    
       04/19/2007 06:42 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Finance and Tax (Haridopolos) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 83, between lines 20 and 21,
16  
17  insert:  
18         Section 42.  Effective January 1, 2008, subsection (2)
19  of section 202.16, Florida Statutes, is amended to read:
20         202.16  Payment.--The taxes imposed or administered
21  under this chapter and chapter 203 shall be collected from all
22  dealers of taxable communications services on the sale at
23  retail in this state of communications services taxable under
24  this chapter and chapter 203. The full amount of the taxes on
25  a credit sale, installment sale, or sale made on any kind of
26  deferred payment plan is due at the moment of the transaction
27  in the same manner as a cash sale.
28         (2)(a)  A sale of communications services that are used
29  as a component part of or integrated into a communications
30  service or prepaid calling arrangement for resale, including,
31  but not limited to, carrier-access charges, interconnection
                                  1
    8:04 AM   04/17/07                             s2482c-ft26-t9x

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2482 Barcode 245356 1 charges paid by providers of mobile communication services or 2 other communication services, charges paid by cable service 3 providers for the transmission of video or other programming 4 by another dealer of communications services, charges for the 5 sale of unbundled network elements, and any other intercompany 6 charges for the use of facilities for providing communications 7 services for resale, must be made in compliance with the rules 8 of the department. Any person who makes a sale for resale 9 which is not in compliance with these rules is liable for any 10 tax, penalty, and interest due for failing to comply, to be 11 calculated pursuant to s. 202.28(2)(a). 12 (b)1. Any dealer who makes a sale for resale shall 13 document the exempt nature of the transaction, as established 14 by rules adopted by the department, by retaining a copy of the 15 purchaser's initial or annual resale certificate issued 16 pursuant to s. 202.17(6). In lieu of maintaining a copy of the 17 certificate, a dealer may document, prior to the time of sale, 18 an authorization number provided telephonically or 19 electronically by the department or by such other means 20 established by rule of the department. The dealer may rely on 21 an initial or annual resale certificate issued pursuant to s. 22 202.17(6), valid at the time of receipt from the purchaser, 23 without seeking additional annual resale certificates from 24 such purchaser, if the dealer makes recurring sales to the 25 purchaser in the normal course of business on a continual 26 basis. For purposes of this paragraph, the term "recurring 27 sales to a purchaser in the normal course of business" means 28 sales in which the dealer extends credit to the purchaser and 29 records the debt as an account receivable, or in which the 30 dealer sells to a purchaser who has an established cash 31 account, similar to an open credit account. For purposes of 2 8:04 AM 04/17/07 s2482c-ft26-t9x
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2482 Barcode 245356 1 this paragraph, purchases are made from a selling dealer on a 2 continual basis if the selling dealer makes, in the normal 3 course of business, sales to the purchaser no less frequently 4 than once in every 12-month period. 5 2. A dealer may, through the informal conference 6 procedures provided for in s. 213.21 and the rules of the 7 department, provide the department with evidence of the exempt 8 status of a sale. Exemption certificates executed by entities 9 that were exempt at the time of sale, resale certificates 10 provided by purchasers who were active dealers at the time of 11 sale, and verification by the department of a purchaser's 12 active dealer status at the time of sale in lieu of a resale 13 certificate shall be accepted by the department when submitted 14 during the protest period but may not be accepted in any 15 proceeding under chapter 120 or any circuit court action 16 instituted under chapter 72. 17 Section 43. Effective January 1, 2008, the Department 18 of Revenue shall establish a toll-free telephone number for 19 the verification of valid dealer registration numbers and 20 resale certificates issued under chapter 202, Florida 21 Statutes. The system must be adequate to guarantee a low busy 22 rate, must respond to keypad inquiries, and must provide data 23 that is updated daily. 24 Section 44. Effective January 1, 2008, the Department 25 of Revenue shall establish a system for receiving information 26 from dealers regarding certificate numbers of purchasers who 27 are seeking to make purchases for resale under chapter 202, 28 Florida Statutes. The department shall provide such dealers, 29 free of charge, with verification of those numbers that are 30 canceled or invalid. 31 Section 45. Paragraph (a) of subsection (2) of section 3 8:04 AM 04/17/07 s2482c-ft26-t9x
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2482 Barcode 245356 1 202.20, Florida Statutes, is amended to read: 2 202.20 Local communications services tax conversion 3 rates.-- 4 (2)(a)1. With respect to any local taxing 5 jurisdiction, if, for the periods ending December 31, 2001; 6 March 31, 2002; June 30, 2002; or September 30, 2002, the 7 revenues received by that local government from the local 8 communications services tax imposed under subsection (1) are 9 less than the revenues received from the replaced revenue 10 sources for the corresponding 2000-2001 period; plus 11 reasonably anticipated growth in such revenues over the 12 preceding 1-year period, based on the average growth of such 13 revenues over the immediately preceding 5-year period; plus an 14 amount representing the revenues from the replaced revenue 15 sources for the 1-month period that the local taxing 16 jurisdiction was required to forego, the governing authority 17 may adjust the rate of the local communications services tax 18 upward to the extent necessary to generate the entire 19 shortfall in revenues within 1 year after the rate adjustment 20 and by an amount necessary to generate the expected amount of 21 revenue on an ongoing basis. 22 2. If complete data are not available at the time of 23 determining whether the revenues received by a local 24 government from the local communications services tax imposed 25 under subsection (1) are less than the revenues received from 26 the replaced revenue sources for the corresponding 2000-2001 27 period, as set forth in subparagraph 1., the local government 28 shall use the best data available for the corresponding 29 2000-2001 period in making such determination. Complete data 30 shall be deemed available to all local governments after the 31 department audits, including the redistribution of local tax, 4 8:04 AM 04/17/07 s2482c-ft26-t9x
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2482 Barcode 245356 1 dealers who account for no less than 80 percent of the amount 2 of communications services tax revenues received for fiscal 3 year 2005-2006. 4 3. The adjustment permitted under subparagraph 1. may 5 be made by emergency ordinance or resolution and may be made 6 notwithstanding the maximum rate established under s. 7 202.19(2) and notwithstanding any schedules or timeframes or 8 any other limitations contained in this chapter. Beginning 9 July 1, 2007, a local government may make such adjustment only 10 if the department or a dealer allocates or reallocates 11 revenues away from the local government. However, any such 12 adjustment shall be made no later than 6 months following the 13 date the department notifies the local governments in writing 14 that complete data is available. The emergency ordinance or 15 resolution shall specify an effective date for the adjusted 16 rate, which shall be no less than 60 days after the date of 17 adoption of the ordinance or resolution and shall be effective 18 with respect to taxable services included on bills that are 19 dated on the first day of a month subsequent to the expiration 20 of the 60-day period. At the end of 1 year following the 21 effective date of such adjusted rate, the local governing 22 authority shall, as soon as is consistent with s. 202.21, 23 reduce the rate by that portion of the emergency rate which 24 was necessary to recoup the amount of revenues not received 25 prior to the implementation of the emergency rate. 26 4. If, for the period October 1, 2001, through 27 September 30, 2002, the revenues received by a local 28 government from the local communications services tax 29 conversion rate established under subsection (1), adjusted 30 upward for the difference in rates between paragraphs (1)(a) 31 and (b) or any other rate adjustments or base changes, are 5 8:04 AM 04/17/07 s2482c-ft26-t9x
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2482 Barcode 245356 1 above the threshold of 10 percent more than the revenues 2 received from the replaced revenue sources for the 3 corresponding 2000-2001 period plus reasonably anticipated 4 growth in such revenues over the preceding 1-year period, 5 based on the average growth of such revenues over the 6 immediately preceding 5-year period, the governing authority 7 must adjust the rate of the local communications services tax 8 to the extent necessary to reduce revenues to the threshold by 9 emergency ordinance or resolution within the timeframes 10 established in subparagraph 3. The foregoing rate adjustment 11 requirement shall not apply to a local government that adopts 12 a local communications services tax rate by resolution or 13 ordinance. If complete data are not available at the time of 14 determining whether the revenues exceed the threshold, the 15 local government shall use the best data available for the 16 corresponding 2000-2001 period in making such determination. 17 This subparagraph shall not be construed as establishing a 18 right of action for any person to enforce this subparagraph or 19 challenge a local government's implementation of this 20 subparagraph. 21 22 (Redesignate subsequent sections.) 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 On page 7, line 1, after the semicolon, 28 29 insert: 30 amending s. 202.16, F.S.; requiring dealers to 31 document exempt sales for resale; providing 6 8:04 AM 04/17/07 s2482c-ft26-t9x
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2482 Barcode 245356 1 requirements and procedures; providing a 2 definition; providing construction; providing 3 for dealer provision of evidence of the exempt 4 status of certain sales through an informal 5 protest process; requiring the Department of 6 Revenue to accept certain evidence during the 7 protest period; providing limitations; 8 requiring the department to establish a 9 toll-free telephone number for the purpose of 10 verifying registration numbers and resale 11 certificates; requiring the department to 12 establish a system for receiving information 13 from dealers regarding certificate numbers; 14 amending s. 202.20, F.S.; limiting local 15 governmental authority to make certain rate 16 adjustments in the tax under certain 17 circumstances; providing for a determination of 18 completeness of certain data; 19 20 21 22 23 24 25 26 27 28 29 30 31 7 8:04 AM 04/17/07 s2482c-ft26-t9x