Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for CS for SB 1962

661120

CHAMBER ACTION

Senate

Floor: WD/2R

4/30/2008 4:58 PM

.

.

.

.

.

House



1

Senator Haridopolos moved the following amendment:

2

3

     Senate Amendment (with directory and title amendments)

4

     Delete line(s) 53

5

and insert:

6

       Section 2.  

7

     Subsection (1) of section 202.12, Florida Statutes, is

8

amended to read:

9

     202.12  Sales of communications services.--The Legislature

10

finds that every person who engages in the business of selling

11

communications services at retail in this state is exercising a

12

taxable privilege. It is the intent of the Legislature that the

13

tax imposed by chapter 203 be administered as provided in this

14

chapter.

15

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

16

each taxable transaction, and the tax is due and payable as

17

follows:

18

     (a)  Except as otherwise provided in this subsection, at a

19

rate of 6.8 percent applied to the sales price of the

20

communications service which:

21

     1.  Originates and terminates in this state, or

22

     2.  Originates or terminates in this state and is charged to

23

a service address in this state,

24

when sold at retail, computed on each taxable sale for the

25

purpose of remitting the tax due. The gross receipts tax imposed

26

by chapter 203 shall be collected on the same taxable

27

transactions and remitted with the tax imposed by this paragraph.

28

If no tax is imposed by this paragraph by reason of s.

29

202.125(1), the tax imposed by chapter 203 shall nevertheless be

30

collected and remitted in the manner and at the time prescribed

31

for tax collections and remittances under this chapter.

32

     (b)  At the rate of 10.8 percent on the retail sales price

33

of any direct-to-home satellite service received in this state.

34

The proceeds of the tax imposed under this paragraph shall be

35

accounted for and distributed in accordance with s. 202.18(2).

36

The gross receipts tax imposed by chapter 203 shall be collected

37

on the same taxable transactions and remitted with the tax

38

imposed by this paragraph.

39

     (c)  At the rate set forth in paragraph (a) on the sales

40

price of private communications services provided within this

41

state, which shall be determined in accordance with the following

42

provisions:

43

     1.  Any charge with respect to a channel termination point

44

located within this state;

45

     2.  Any charge for the use of a channel between two channel

46

termination points located in this state; and

47

     3.  Where channel termination points are located both within

48

and outside of this state:

49

     a.  If any segment between two such channel termination

50

points is separately billed, 50 percent of such charge; and

51

     b.  If any segment of the circuit is not separately billed,

52

an amount equal to the total charge for such circuit multiplied

53

by a fraction, the numerator of which is the number of channel

54

termination points within this state and the denominator of which

55

is the total number of channel termination points of the circuit.

56

57

The gross receipts tax imposed by chapter 203 shall be collected

58

on the same taxable transactions and remitted with the tax

59

imposed by this paragraph.

60

     (d)  At the rate set forth in paragraph (a) applied to the

61

sales price of all mobile communications services deemed to be

62

provided to a customer by a home service provider pursuant to s.

63

117(a) of the Mobile Telecommunications Sourcing Act, Pub. L. No.

64

106-252, if such customer's service address is located within

65

this state. Such rate shall be reduced by the department

66

effective January 1, 2009, by the percentage necessary to reduce

67

total estimated collections under this paragraph in 2009 by the

68

amount of any estimated increase in state sales and use tax

69

collections during 2009, resulting from the repeal of exemptions

70

to Chapter 212 during the 2008 legislative session unless

71

otherwise provided by law. Such estimated amounts shall be

72

determined by reference to the 2008 Florida Tax Handbook.

73

74

     Section 3.  This act shall take effect July 1, 2008.

75

76

77

================ T I T L E  A M E N D M E N T ================

78

And the title is amended as follows:

79

     Delete line(s) 2-9

80

and insert:

81

An act relating to the tax exemptions; amending s. 212.08,

82

F.S., relating to the tax exemption for nonprofit

83

cooperative hospital laundries; requiring a member of a

84

nonprofit cooperative to immediately divest itself of

85

participation in the cooperative if it loses its nonprofit

86

status; providing that the provision of emergency services

87

to a nonmember business does not invalidate the

88

certificate of tax exemption; amending s. 202.12(1), F.S.;

89

reducing the rate of tax on communication services based

90

on repeal of exemptions; providing an effective date.

4/29/2008  4:11:00 PM     FT.26.09075

CODING: Words stricken are deletions; words underlined are additions.