1 | Representative Attkisson offered the following: |
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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 such rules and prescribe and publish such forms as |
70 | may be necessary to effectuate the purposes of this section. The |
71 | department may is authorized to establish audit procedures and |
72 | to assess 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. |
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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. |