| 1 | Representative Attkisson offered the following: | 
| 2 | 
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| 3 | Amendment (with title amendment) | 
| 4 | Between lines 434 and 435, insert: | 
| 5 | Section 10.  Paragraph (b) of subsection (1) and paragraph | 
| 6 | (e) of subsection (2) of section 125.0108, Florida Statutes, are | 
| 7 | amended to read: | 
| 8 | 125.0108  Areas of critical state concern; tourist impact | 
| 9 | tax.-- | 
| 10 | (1) | 
| 11 | (b)1.  It is declared to be the intent of the Legislature | 
| 12 | that every person who rents, leases, or lets for consideration | 
| 13 | any living quarters or accommodations in any hotel, apartment | 
| 14 | hotel, motel, resort motel, apartment, apartment motel, | 
| 15 | roominghouse, mobile home park, recreational vehicle park, or  | 
| 16 | condominium, or timeshare resort for a term of 6 months or less, | 
| 17 | unless such establishment is exempt from the tax imposed by s. | 
| 18 | 212.03, is exercising a taxable privilege on the proceeds | 
| 19 | therefrom under this section. | 
| 20 | 2.  As used in this section, the terms "consideration," | 
| 21 | "rental," and "rent" mean the amount received by a person | 
| 22 | operating transient accommodations for the use or securing the | 
| 23 | use of any living quarters or sleeping or housekeeping | 
| 24 | accommodations that are part of, in, from, or in connection with | 
| 25 | any hotel, apartment house, roominghouse, timeshare resort, | 
| 26 | tourist or trailer camp, mobile home park, recreational vehicle | 
| 27 | park, or condominium. The term "person operating transient | 
| 28 | accommodations" means the person conducting the daily affairs of | 
| 29 | the physical facilities furnishing transient accommodations who | 
| 30 | is responsible for providing the services commonly associated | 
| 31 | with operating the facilities furnishing transient | 
| 32 | accommodations regardless of whether such commonly associated | 
| 33 | services are provided by third parties. The terms | 
| 34 | "consideration," "rental" and "rent" do not include payments | 
| 35 | received by an unrelated person for facilitating the booking of | 
| 36 | reservations for or on behalf of a lessee or licensee at a | 
| 37 | hotel, apartment house, rooming house, timeshare resort, tourist | 
| 38 | or trailer camp, mobile home park, recreational vehicle park, or | 
| 39 | condominium in this state. The term "unrelated person" means a | 
| 40 | person who is not in the same affiliated group of corporations | 
| 41 | pursuant to s. 1504 of the Internal Revenue Code of 1986, as | 
| 42 | amended. | 
| 43 | 3.  Tax shall be due on the consideration paid for | 
| 44 | occupancy in the county pursuant to a regulated short-term | 
| 45 | product as defined in s. 721.05 or occupancy in the county | 
| 46 | pursuant to a product that would be deemed a regulated short- | 
| 47 | term product if the agreement to purchase the short-term product | 
| 48 | were executed in this state. Such tax shall be collected on the | 
| 49 | last day of occupancy within the county unless the consideration | 
| 50 | is applied to the purchase of a timeshare estate. | 
| 51 | Notwithstanding subparagraphs 1. and 2., the occupancy of an | 
| 52 | accommodation of a timeshare resort pursuant to a timeshare | 
| 53 | plan, a multisite timeshare plan, or an exchange transaction in | 
| 54 | an exchange program as defined in s. 721.05 by the owner of a | 
| 55 | timeshare interest or such owner's guest, which guest is not | 
| 56 | paying monetary consideration to the owner or to a third party | 
| 57 | for the benefit of the owner, is not a privilege subject to | 
| 58 | taxation under this section. A membership or transaction fee | 
| 59 | paid by a timeshare owner that does not provide the timeshare | 
| 60 | owner with a right to occupy any specific timeshare unit but | 
| 61 | merely provides the timeshare owner with an opportunity to | 
| 62 | exchange a timeshare interest through an exchange program is a | 
| 63 | service charge and is not subject to taxation. | 
| 64 | 4.  Consideration paid for the purchase of a timeshare | 
| 65 | license in a timeshare plan as defined in s. 721.05 is rent | 
| 66 | subject to taxation under this section. | 
| 67 | (2) | 
| 68 | (e)  The Department of Revenue shall adopt is empowered to  | 
| 69 | promulgate suchrules and prescribe and publishsuchformsas  | 
| 70 | may benecessary to effectuate the purposes of this section. The | 
| 71 | department may is authorized toestablish audit procedures and | 
| 72 | toassess for delinquent taxes. A person operating transient | 
| 73 | accommodations shall state the tax separately from the rental | 
| 74 | charged on the receipt, invoice, or other documentation issued | 
| 75 | with respect to charges for transient accommodations. A person | 
| 76 | facilitating the booking of reservations who is unrelated to the | 
| 77 | person operating the transient accommodations in which the | 
| 78 | reservation is booked is not required to separately state | 
| 79 | amounts charged on the receipt, invoice, or other documentation | 
| 80 | issued by the person facilitating the booking of the | 
| 81 | reservation. Any amounts specifically collected as a tax are | 
| 82 | county funds and shall be remitted as tax. | 
| 83 | Section 11.  The amendments made by this act to section | 
| 84 | 125.0108, Florida Statutes, are intended to be clarifying and | 
| 85 | remedial in nature and are not a basis for assessments of tax | 
| 86 | for periods before July 1, 2008, or for refunds of tax for | 
| 87 | periods before July 1, 2008. | 
| 88 | 
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| 89 | 
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| 90 | 
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| 91 | 
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| 92 | ----------------------------------------------------- | 
| 93 | T I T L E  A M E N D M E N T | 
| 94 | Remove line 62 and insert: | 
| 95 | in Florida; amending s. 125.0108, F.S.; revising the list | 
| 96 | of living quarters or accommodations the rental or lease | 
| 97 | of which is subject to taxation; providing definitions; | 
| 98 | providing for taxation of regulated short-term products; | 
| 99 | providing that the occupancy of a timeshare resort and | 
| 100 | membership or transaction fee paid by a timeshare owner | 
| 101 | are not a privilege subject to taxation; providing that | 
| 102 | consideration paid for the purchase of a timeshare license | 
| 103 | in a timeshare plan is rent subject to taxation; | 
| 104 | authorizing the department to establish audit procedures | 
| 105 | and assess for delinquent taxes; requiring the person | 
| 106 | operating transient accommodations to separately state the | 
| 107 | tax charged on a receipt or other documentation; providing | 
| 108 | that persons facilitating the booking of reservations are | 
| 109 | not required to separately state tax amounts charged; | 
| 110 | requiring that such amounts be remitted as tax and | 
| 111 | classified as county funds; specifying that certain | 
| 112 | provisions of the act are clarifying and remedial in | 
| 113 | nature and are not a basis for assessments of tax or for | 
| 114 | refunds of tax for periods before the effective date of | 
| 115 | the act; providing an effective date. |