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A bill to be entitled

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An act relating to payment card transaction exactions;

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amending s. 212.17, F.S.; authorizing certain dealers to

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take a credit for taxes paid on the percentage of tax not

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reimbursed to the dealer as a result of issuer fees or

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deductions; specifying conditions and the amount of the

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credit; providing a return requirement; exempting locally

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imposed and self-administered convention development

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taxes, tourist development taxes, or tourist impact taxes;

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providing an effective date.

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

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     Section 1.  Subsections (4) through (7) of section 212.17,

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Florida Statutes, are renumbered as subsections (5) through (8),

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respectively, and a new subsection (4) is added to that section,

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to read:

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     212.17  Credits for returned goods, rentals, or admissions;

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goods acquired for dealer's own use and subsequently resold;

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additional powers of department.--

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     (4)(a) A dealer that has paid the tax imposed by this

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chapter may take a credit on its sales and use tax return for the

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tax paid by the dealer on the percentage of tax not reimbursed

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due to any fee charged or deducted from a payment card sale to

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the dealer by an issuer of a payment card for processing the

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payment card transaction. The credit shall be equal to the

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percentage of the payment card fee multiplied by the amount of

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tax of each payment card transaction. The amount of the credit is

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limited to the amount owed on that tax return and shall not be

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carried forward. A dealer may only obtain a credit and may not

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apply for a refund.

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     (b) This subsection applies to all taxes, surtaxes, and any

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local option taxes administered under this chapter and remitted

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directly to the department. This subsection does not apply to any

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locally imposed and self-administered convention development tax,

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tourist development tax, or tourist impact tax administered under

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this chapter.

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     Section 2.  This act shall take effect July 1, 2008.