Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for CS for SB 1962
661120
Senate
Floor: WD/2R
4/30/2008 4:58 PM
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House
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Senator Haridopolos moved the following amendment:
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Senate Amendment (with directory and title amendments)
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Delete line(s) 53
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and insert:
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Section 2.
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Subsection (1) of section 202.12, Florida Statutes, is
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amended to read:
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202.12 Sales of communications services.--The Legislature
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finds that every person who engages in the business of selling
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communications services at retail in this state is exercising a
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taxable privilege. It is the intent of the Legislature that the
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tax imposed by chapter 203 be administered as provided in this
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chapter.
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(1) For the exercise of such privilege, a tax is levied on
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each taxable transaction, and the tax is due and payable as
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follows:
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(a) Except as otherwise provided in this subsection, at a
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rate of 6.8 percent applied to the sales price of the
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communications service which:
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1. Originates and terminates in this state, or
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2. Originates or terminates in this state and is charged to
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a service address in this state,
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when sold at retail, computed on each taxable sale for the
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purpose of remitting the tax due. The gross receipts tax imposed
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by chapter 203 shall be collected on the same taxable
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transactions and remitted with the tax imposed by this paragraph.
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If no tax is imposed by this paragraph by reason of s.
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202.125(1), the tax imposed by chapter 203 shall nevertheless be
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collected and remitted in the manner and at the time prescribed
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for tax collections and remittances under this chapter.
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(b) At the rate of 10.8 percent on the retail sales price
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of any direct-to-home satellite service received in this state.
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The proceeds of the tax imposed under this paragraph shall be
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accounted for and distributed in accordance with s. 202.18(2).
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The gross receipts tax imposed by chapter 203 shall be collected
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on the same taxable transactions and remitted with the tax
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imposed by this paragraph.
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(c) At the rate set forth in paragraph (a) on the sales
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price of private communications services provided within this
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state, which shall be determined in accordance with the following
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provisions:
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1. Any charge with respect to a channel termination point
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located within this state;
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2. Any charge for the use of a channel between two channel
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termination points located in this state; and
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3. Where channel termination points are located both within
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and outside of this state:
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a. If any segment between two such channel termination
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points is separately billed, 50 percent of such charge; and
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b. If any segment of the circuit is not separately billed,
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an amount equal to the total charge for such circuit multiplied
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by a fraction, the numerator of which is the number of channel
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termination points within this state and the denominator of which
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is the total number of channel termination points of the circuit.
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The gross receipts tax imposed by chapter 203 shall be collected
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on the same taxable transactions and remitted with the tax
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imposed by this paragraph.
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(d) At the rate set forth in paragraph (a) applied to the
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sales price of all mobile communications services deemed to be
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provided to a customer by a home service provider pursuant to s.
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117(a) of the Mobile Telecommunications Sourcing Act, Pub. L. No.
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106-252, if such customer's service address is located within
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this state. Such rate shall be reduced by the department
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effective January 1, 2009, by the percentage necessary to reduce
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total estimated collections under this paragraph in 2009 by the
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amount of any estimated increase in state sales and use tax
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collections during 2009, resulting from the repeal of exemptions
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to Chapter 212 during the 2008 legislative session unless
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otherwise provided by law. Such estimated amounts shall be
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determined by reference to the 2008 Florida Tax Handbook.
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Section 3. This act shall take effect July 1, 2008.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete line(s) 2-9
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and insert:
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An act relating to the tax exemptions; amending s. 212.08,
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F.S., relating to the tax exemption for nonprofit
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cooperative hospital laundries; requiring a member of a
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nonprofit cooperative to immediately divest itself of
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participation in the cooperative if it loses its nonprofit
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status; providing that the provision of emergency services
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to a nonmember business does not invalidate the
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certificate of tax exemption; amending s. 202.12(1), F.S.;
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reducing the rate of tax on communication services based
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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.