1 | A bill to be entitled |
2 | An act relating to the communications services tax; |
3 | amending s. 202.12, F.S.; decreasing the rate of the tax; |
4 | providing for application; amending s. 202.16, F.S.; |
5 | requiring dealers to document exempt sales for resale; |
6 | providing requirements and procedures; providing a |
7 | definition; providing construction; providing for dealer |
8 | provision of evidence of the exempt status of certain |
9 | sales through an informal protest process; requiring the |
10 | Department of Revenue to accept certain evidence during |
11 | the protest period; providing limitations; requiring the |
12 | department to establish a toll-free telephone number for |
13 | the purpose of verifying registration numbers and resale |
14 | certificates; requiring the department to establish a |
15 | system for receiving information from dealers regarding |
16 | certificate numbers; amending s. 202.18, F.S.; decreasing |
17 | the percentage allocation of certain tax proceeds; |
18 | amending s. 202.20, F.S.; limiting local governmental |
19 | authority to make certain rate adjustments in the tax |
20 | under certain circumstances; providing for a determination |
21 | of completeness of certain data; providing effective |
22 | dates. |
23 |
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24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
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26 | Section 1. Paragraphs (a) and (b) of subsection (1) of |
27 | section 202.12, Florida Statutes, are amended to read: |
28 | 202.12 Sales of communications services.--The Legislature |
29 | finds that every person who engages in the business of selling |
30 | communications services at retail in this state is exercising a |
31 | taxable privilege. It is the intent of the Legislature that the |
32 | tax imposed by chapter 203 be administered as provided in this |
33 | chapter. |
34 | (1) For the exercise of such privilege, a tax is levied on |
35 | each taxable transaction, and the tax is due and payable as |
36 | follows: |
37 | (a) Except as otherwise provided in this subsection, at a |
38 | rate of 6.55 6.8 percent applied to the sales price of the |
39 | communications service which: |
40 | 1. Originates and terminates in this state, or |
41 | 2. Originates or terminates in this state and is charged |
42 | to a service address in this state, |
43 |
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44 | when sold at retail, computed on each taxable sale for the |
45 | purpose of remitting the tax due. The gross receipts tax imposed |
46 | by chapter 203 shall be collected on the same taxable |
47 | transactions and remitted with the tax imposed by this |
48 | paragraph. If no tax is imposed by this paragraph by reason of |
49 | s. 202.125(1), the tax imposed by chapter 203 shall nevertheless |
50 | be collected and remitted in the manner and at the time |
51 | prescribed for tax collections and remittances under this |
52 | chapter. |
53 | (b) At the rate of 10.55 10.8 percent on the retail sales |
54 | price of any direct-to-home satellite service received in this |
55 | state. The proceeds of the tax imposed under this paragraph |
56 | shall be accounted for and distributed in accordance with s. |
57 | 202.18(2). The gross receipts tax imposed by chapter 203 shall |
58 | be collected on the same taxable transactions and remitted with |
59 | the tax imposed by this paragraph. |
60 | Section 2. The amendments to s. 202.12, Florida Statutes, |
61 | by this act shall apply to bills for communications services |
62 | dated on or after January 1, 2008. |
63 | Section 3. Effective January 1, 2008, subsection (2) of |
64 | section 202.16, Florida Statutes, is amended to read: |
65 | 202.16 Payment.--The taxes imposed or administered under |
66 | this chapter and chapter 203 shall be collected from all dealers |
67 | of taxable communications services on the sale at retail in this |
68 | state of communications services taxable under this chapter and |
69 | chapter 203. The full amount of the taxes on a credit sale, |
70 | installment sale, or sale made on any kind of deferred payment |
71 | plan is due at the moment of the transaction in the same manner |
72 | as a cash sale. |
73 | (2)(a) A sale of communications services that are used as |
74 | a component part of or integrated into a communications service |
75 | or prepaid calling arrangement for resale, including, but not |
76 | limited to, carrier-access charges, interconnection charges paid |
77 | by providers of mobile communication services or other |
78 | communication services, charges paid by cable service providers |
79 | for the transmission of video or other programming by another |
80 | dealer of communications services, charges for the sale of |
81 | unbundled network elements, and any other intercompany charges |
82 | for the use of facilities for providing communications services |
83 | for resale, must be made in compliance with the rules of the |
84 | department. Any person who makes a sale for resale which is not |
85 | in compliance with these rules is liable for any tax, penalty, |
86 | and interest due for failing to comply, to be calculated |
87 | pursuant to s. 202.28(2)(a). |
88 | (b)1. Any dealer who makes a sale for resale shall |
89 | document the exempt nature of the transaction, as established by |
90 | rules adopted by the department, by retaining a copy of the |
91 | purchaser's initial or annual resale certificate issued pursuant |
92 | to s. 202.17(6). In lieu of maintaining a copy of the |
93 | certificate, a dealer may document, prior to the time of sale, |
94 | an authorization number provided telephonically or |
95 | electronically by the department or by such other means |
96 | established by rule of the department. The dealer may rely on an |
97 | initial or annual resale certificate issued pursuant to s. |
98 | 202.17(6), valid at the time of receipt from the purchaser, |
99 | without seeking additional annual resale certificates from such |
100 | purchaser, if the dealer makes recurring sales to the purchaser |
101 | in the normal course of business on a continual basis. For |
102 | purposes of this paragraph, the term "recurring sales to a |
103 | purchaser in the normal course of business" means sales in which |
104 | the dealer extends credit to the purchaser and records the debt |
105 | as an account receivable, or in which the dealer sells to a |
106 | purchaser who has an established cash account, similar to an |
107 | open credit account. For purposes of this paragraph, purchases |
108 | are made from a selling dealer on a continual basis if the |
109 | selling dealer makes, in the normal course of business, sales to |
110 | the purchaser no less frequently than once in every 12-month |
111 | period. |
112 | 2. A dealer may, through the informal conference |
113 | procedures provided for in s. 213.21 and the rules of the |
114 | department, provide the department with evidence of the exempt |
115 | status of a sale. Exemption certificates executed by entities |
116 | that were exempt at the time of sale, resale certificates |
117 | provided by purchasers who were active dealers at the time of |
118 | sale, and verification by the department of a purchaser's active |
119 | dealer status at the time of sale in lieu of a resale |
120 | certificate shall be accepted by the department when submitted |
121 | during the protest period but may not be accepted in any |
122 | proceeding under chapter 120 or any circuit court action |
123 | instituted under chapter 72. Section 4. Effective January 1, |
124 | 2008, the Department of Revenue shall establish a toll-free |
125 | telephone number for the verification of valid dealer |
126 | registration numbers and resale certificates issued under |
127 | chapter 202, Florida Statutes. The system must be adequate to |
128 | guarantee a low busy rate, must respond to keypad inquiries, and |
129 | must provide data that is updated daily. |
130 | Section 5. Effective January 1, 2008, the Department of |
131 | Revenue shall establish a system for receiving information from |
132 | dealers regarding certificate numbers of purchasers who are |
133 | seeking to make purchases for resale under chapter 202, Florida |
134 | Statutes. The department shall provide such dealers, free of |
135 | charge, with verification numbers that are canceled or invalid. |
136 | Section 6. Effective January 1, 2008, paragraph (b) of |
137 | subsection (2) of section 202.18, Florida Statutes, is amended |
138 | to read: |
139 | 202.18 Allocation and disposition of tax proceeds.--The |
140 | proceeds of the communications services taxes remitted under |
141 | this chapter shall be treated as follows: |
142 | (2) The proceeds of the taxes remitted under s. |
143 | 202.12(1)(b) shall be divided as follows: |
144 | (b) Sixty-two and one-tenth Sixty-three percent of the |
145 | remainder shall be allocated to the state and distributed |
146 | pursuant to s. 212.20(6), except that the proceeds allocated |
147 | pursuant to s. 212.20(6)(d)3. shall be prorated to the |
148 | participating counties in the same proportion as that month's |
149 | collection of the taxes and fees imposed pursuant to chapter 212 |
150 | and paragraph (1)(b). |
151 | Section 7. Paragraph (a) of subsection (2) of section |
152 | 202.20, Florida Statutes, is amended to read: |
153 | 202.20 Local communications services tax conversion |
154 | rates.-- |
155 | (2)(a)1. With respect to any local taxing jurisdiction, |
156 | if, for the periods ending December 31, 2001; March 31, 2002; |
157 | June 30, 2002; or September 30, 2002, the revenues received by |
158 | that local government from the local communications services tax |
159 | imposed under subsection (1) are less than the revenues received |
160 | from the replaced revenue sources for the corresponding 2000- |
161 | 2001 period; plus reasonably anticipated growth in such revenues |
162 | over the preceding 1-year period, based on the average growth of |
163 | such revenues over the immediately preceding 5-year period; plus |
164 | an amount representing the revenues from the replaced revenue |
165 | sources for the 1-month period that the local taxing |
166 | jurisdiction was required to forego, the governing authority may |
167 | adjust the rate of the local communications services tax upward |
168 | to the extent necessary to generate the entire shortfall in |
169 | revenues within 1 year after the rate adjustment and by an |
170 | amount necessary to generate the expected amount of revenue on |
171 | an ongoing basis. |
172 | 2. If complete data are not available at the time of |
173 | determining whether the revenues received by a local government |
174 | from the local communications services tax imposed under |
175 | subsection (1) are less than the revenues received from the |
176 | replaced revenue sources for the corresponding 2000-2001 period, |
177 | as set forth in subparagraph 1., the local government shall use |
178 | the best data available for the corresponding 2000-2001 period |
179 | in making such determination. Complete data shall be deemed |
180 | available to all local governments after the department |
181 | completes audits, including the redistribution of local tax, of |
182 | dealers who account for no less than 80 percent of the amount of |
183 | communications services tax revenues received for fiscal year |
184 | 2005-2006. |
185 | 3. The adjustment permitted under subparagraph 1. may be |
186 | made by emergency ordinance or resolution and may be made |
187 | notwithstanding the maximum rate established under s. 202.19(2) |
188 | and notwithstanding any schedules or timeframes or any other |
189 | limitations contained in this chapter. Beginning July 1, 2007, a |
190 | local government may make such adjustment only if the department |
191 | or a dealer allocates or reallocates revenues away from the |
192 | local government. However, any such adjustment shall be made no |
193 | later than 6 months following the date the department notifies |
194 | the local governments in writing that complete data is |
195 | available. The emergency ordinance or resolution shall specify |
196 | an effective date for the adjusted rate, which shall be no less |
197 | than 60 days after the date of adoption of the ordinance or |
198 | resolution and shall be effective with respect to taxable |
199 | services included on bills that are dated on the first day of a |
200 | month subsequent to the expiration of the 60-day period. At the |
201 | end of 1 year following the effective date of such adjusted |
202 | rate, the local governing authority shall, as soon as is |
203 | consistent with s. 202.21, reduce the rate by that portion of |
204 | the emergency rate which was necessary to recoup the amount of |
205 | revenues not received prior to the implementation of the |
206 | emergency rate. |
207 | 4. If, for the period October 1, 2001, through September |
208 | 30, 2002, the revenues received by a local government from the |
209 | local communications services tax conversion rate established |
210 | under subsection (1), adjusted upward for the difference in |
211 | rates between paragraphs (1)(a) and (b) or any other rate |
212 | adjustments or base changes, are above the threshold of 10 |
213 | percent more than the revenues received from the replaced |
214 | revenue sources for the corresponding 2000-2001 period plus |
215 | reasonably anticipated growth in such revenues over the |
216 | preceding 1-year period, based on the average growth of such |
217 | revenues over the immediately preceding 5-year period, the |
218 | governing authority must adjust the rate of the local |
219 | communications services tax to the extent necessary to reduce |
220 | revenues to the threshold by emergency ordinance or resolution |
221 | within the timeframes established in subparagraph 3. The |
222 | foregoing rate adjustment requirement shall not apply to a local |
223 | government that adopts a local communications services tax rate |
224 | by resolution or ordinance. If complete data are not available |
225 | at the time of determining whether the revenues exceed the |
226 | threshold, the local government shall use the best data |
227 | available for the corresponding 2000-2001 period in making such |
228 | determination. This subparagraph shall not be construed as |
229 | establishing a right of action for any person to enforce this |
230 | subparagraph or challenge a local government's implementation of |
231 | this subparagraph. |
232 | Section 8. Except as otherwise expressly provided by this |
233 | act, this act shall take effect upon becoming a law. |