Amendment
Bill No. CS/HB 671
Amendment No. 817271
CHAMBER ACTION
Senate House
.
.
.






1Representative Attkisson offered the following:
2
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
7amended to read:
8     125.0108  Areas of critical state concern; tourist impact
9tax.--
10     (1)
11     (b)1.  It is declared to be the intent of the Legislature
12that every person who rents, leases, or lets for consideration
13any living quarters or accommodations in any hotel, apartment
14hotel, motel, resort motel, apartment, apartment motel,
15roominghouse, mobile home park, recreational vehicle park, or
16condominium, or timeshare resort for a term of 6 months or less,
17unless such establishment is exempt from the tax imposed by s.
18212.03, is exercising a taxable privilege on the proceeds
19therefrom under this section.
20     2.  As used in this section, the terms "consideration,"
21"rental," and "rent" mean the amount received by a person
22operating transient accommodations for the use or securing the
23use of any living quarters or sleeping or housekeeping
24accommodations that are part of, in, from, or in connection with
25any hotel, apartment house, roominghouse, timeshare resort,
26tourist or trailer camp, mobile home park, recreational vehicle
27park, or condominium. The term "person operating transient
28accommodations" means the person conducting the daily affairs of
29the physical facilities furnishing transient accommodations who
30is responsible for providing the services commonly associated
31with operating the facilities furnishing transient
32accommodations regardless of whether such commonly associated
33services are provided by third parties. The terms
34"consideration," "rental" and "rent" do not include payments
35received by an unrelated person for facilitating the booking of
36reservations for or on behalf of a lessee or licensee at a
37hotel, apartment house, rooming house, timeshare resort, tourist
38or trailer camp, mobile home park, recreational vehicle park, or
39condominium in this state. The term "unrelated person" means a
40person who is not in the same affiliated group of corporations
41pursuant to s. 1504 of the Internal Revenue Code of 1986, as
42amended.
43     3.  Tax shall be due on the consideration paid for
44occupancy in the county pursuant to a regulated short-term
45product as defined in s. 721.05 or occupancy in the county
46pursuant to a product that would be deemed a regulated short-
47term product if the agreement to purchase the short-term product
48were executed in this state. Such tax shall be collected on the
49last day of occupancy within the county unless the consideration
50is applied to the purchase of a timeshare estate.
51Notwithstanding subparagraphs 1. and 2., the occupancy of an
52accommodation of a timeshare resort pursuant to a timeshare
53plan, a multisite timeshare plan, or an exchange transaction in
54an exchange program as defined in s. 721.05 by the owner of a
55timeshare interest or such owner's guest, which guest is not
56paying monetary consideration to the owner or to a third party
57for the benefit of the owner, is not a privilege subject to
58taxation under this section. A membership or transaction fee
59paid by a timeshare owner that does not provide the timeshare
60owner with a right to occupy any specific timeshare unit but
61merely provides the timeshare owner with an opportunity to
62exchange a timeshare interest through an exchange program is a
63service charge and is not subject to taxation.
64     4.  Consideration paid for the purchase of a timeshare
65license in a timeshare plan as defined in s. 721.05 is rent
66subject to taxation under this section.
67     (2)
68     (e)  The Department of Revenue shall adopt is empowered to
69promulgate such rules and prescribe and publish such forms as
70may be necessary to effectuate the purposes of this section. The
71department may is authorized to establish audit procedures and
72to assess for delinquent taxes. A person operating transient
73accommodations shall state the tax separately from the rental
74charged on the receipt, invoice, or other documentation issued
75with respect to charges for transient accommodations. A person
76facilitating the booking of reservations who is unrelated to the
77person operating the transient accommodations in which the
78reservation is booked is not required to separately state
79amounts charged on the receipt, invoice, or other documentation
80issued by the person facilitating the booking of the
81reservation. Any amounts specifically collected as a tax are
82county funds and shall be remitted as tax.
83     Section 11.  The amendments made by this act to section
84125.0108, Florida Statutes, are intended to be clarifying and
85remedial in nature and are not a basis for assessments of tax
86for periods before July 1, 2008, or for refunds of tax for
87periods before July 1, 2008.
88
89
90
91
92
-----------------------------------------------------
93
T I T L E  A M E N D M E N T
94     Remove line 62 and insert:
95in Florida; amending s. 125.0108, F.S.; revising the list
96of living quarters or accommodations the rental or lease
97of which is subject to taxation; providing definitions;
98providing for taxation of regulated short-term products;
99providing that the occupancy of a timeshare resort and
100membership or transaction fee paid by a timeshare owner
101are not a privilege subject to taxation; providing that
102consideration paid for the purchase of a timeshare license
103in a timeshare plan is rent subject to taxation;
104authorizing the department to establish audit procedures
105and assess for delinquent taxes; requiring the person
106operating transient accommodations to separately state the
107tax charged on a receipt or other documentation; providing
108that persons facilitating the booking of reservations are
109not required to separately state tax amounts charged;
110requiring that such amounts be remitted as tax and
111classified as county funds; specifying that certain
112provisions of the act are clarifying and remedial in
113nature and are not a basis for assessments of tax or for
114refunds of tax for periods before the effective date of
115the act; providing an effective date.


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