Florida Senate - 2009                                    SB 1970
       
       
       
       By Senator Lynn
       
       
       
       
       7-01265A-09                                           20091970__
    1                        A bill to be entitled                      
    2         An act relating to the tax on transient rentals;
    3         amending s. 212.03, F.S.; requiring that persons who
    4         engage in certain business activities related to
    5         transient rentals collect the tax; providing
    6         definitions; authorizing the Department of Revenue to
    7         adopt rules to exclude certain charges from the
    8         definition of the terms “total rent” or “total
    9         consideration”; requiring certain persons to report
   10         and remit the tax on certain transient rentals;
   11         providing requirements, procedures, and limitations;
   12         requiring the Department of Revenue to provide for an
   13         amnesty for certain unpaid taxes, penalties, and
   14         interest; providing criteria for qualifying for the
   15         amnesty; providing exclusions from application of the
   16         amnesty; authorizing the department to adopt emergency
   17         rules to implement the amnesty; providing for the
   18         effective period of such rules; providing an effective
   19         date.
   20         
   21  Be It Enacted by the Legislature of the State of Florida:
   22         
   23         Section 1. Subsections (8), (9), and (10) are added to
   24  section 212.03, Florida Statutes, to read:
   25         212.03 Transient rentals tax; rate, procedure, enforcement,
   26  exemptions.—
   27         (8)For purposes of this section and ss. 125.0104,
   28  125.0108, and 212.0305, the business of renting, leasing,
   29  letting, or granting a license to use transient rental
   30  accommodations includes any activity in which a person offers
   31  information about the availability of accommodations to a
   32  customer, arranges for the customer's occupancy of the
   33  accommodations, establishes the total rent the customer pays for
   34  the accommodations, or collects the rental payments from the
   35  customer.
   36         (9)(a)The terms “total rent” as used in this section,
   37  “total consideration” as used in ss. 125.0104 and 125.0108, and
   38  “total consideration” as used in s. 212.0305 have the same
   39  meaning and include:
   40         1.The total amount a customer pays for the right to occupy
   41  a transient accommodation.
   42         2.Charges that must be paid as a condition of the right of
   43  occupancy, except for mandatory fees imposed for the
   44  availability of communications services.
   45         3.Charges paid by a customer to the person collecting the
   46  rent or consideration as a condition of the right of occupancy,
   47  even if the charges are separately stated or are for tangible
   48  personal property or services provided by a third party.
   49         4.Charges for the use of tangible personal property or
   50  services as a condition of the right of occupancy, even if
   51  separately stated.
   52         (b)Notwithstanding subsection (a), the department may
   53  adopt rules that exclude separately stated charges for tangible
   54  personal property and services from the definition of total rent
   55  or total consideration.
   56         (10)Persons engaging in activities described in subsection
   57  (8) shall register with the department and collect and remit
   58  taxes on the total rent charged to their customers, unless the
   59  registered owners or operators of the accommodations agree in
   60  writing to report and remit taxes on their behalf. Any written
   61  agreement must require the person collecting the rent to report
   62  total taxable sales and taxes due and pay the taxes collected to
   63  the owner or operator by the last day of the month in which the
   64  customer pays the rent or the last day of the month in which the
   65  customer completes the occupancy of the accommodation. The owner
   66  or operator shall report and remit the taxes along with the
   67  owner or operator's return that is due in the month following
   68  the month in which the taxes are paid to the owner or operator.
   69  The owner or operator is not liable for any tax, penalty, or
   70  interest due as a result of the failure of the person who
   71  arranged the occupancy and collected the rent to accurately
   72  report and remit the taxes imposed by this section or by s.
   73  125.0104, s. 125.0108, or s. 212.0305. If the owner or operator
   74  does not agree to report and remit taxes on behalf of the person
   75  who rents the accommodations as provided in subsection (8), that
   76  person shall extend his or her annual resale certificate in lieu
   77  of paying taxes on the amounts he or she pays to the owner or
   78  operator for the accommodations. The department may provide by
   79  rule for a single registration with the department by a person
   80  engaged in the activities described in subsection (8) for all
   81  political subdivisions for which the tourist development tax is
   82  collected by the department. The department need not require
   83  separate registrations for each location where transient rental
   84  accommodations are located. However, a person engaged in the
   85  activities described in subsection (8) must register with each
   86  political subdivision that collects its own tourist development
   87  tax. Such person may file consolidated returns as provided in s.
   88  212.11(1)(e).
   89         Section 2. (1)The Department of Revenue shall provide for
   90  an amnesty for unpaid taxes, penalties, and interest imposed
   91  under chapter 125 or chapter 212, Florida Statutes, on transient
   92  rentals if:
   93         (a)The rentals subject to amnesty were made prior to July
   94  1, 2009.
   95         (b)The rental payments were collected by persons who are
   96  not owners, operators, or managers of the transient rental
   97  facilities or their agents.
   98         (c)The person who collected the rental payments registers
   99  with the department to pay taxes on transient rentals on or
  100  before October 1, 2009.
  101         (d)The person who collected the rental payments applies
  102  for amnesty by October 1, 2009, pursuant to rules of the
  103  department.
  104         (2)(a)The amnesty is not available for taxes, penalties,
  105  or interest assessed if the assessment is final and has not been
  106  timely challenged, or for any taxes, penalties, or interest that
  107  have been paid to the department unless the payment is the
  108  subject of an assessment that is not final or that has been
  109  timely challenged.
  110         (b)The amnesty is not available for tax billed to or
  111  collected from the consumer who pays for occupancy of the
  112  transient rental facility. The amnesty applies, however, to such
  113  amounts to the extent that the person who collected the rental
  114  payments can document that such taxes were remitted to the owner
  115  or operator of the transient rental facility.
  116         (3)The Department of Revenue may adopt emergency rules to
  117  implement the amnesty. The rules may provide forms and
  118  procedures for applying for amnesty, for reporting the rentals
  119  for which amnesty is sought, and for ensuring the applicant's
  120  ongoing commitment to registration, collection, and remittance
  121  of the taxes imposed by state law on transient rentals.
  122  Notwithstanding any other provision of law, the emergency rules
  123  shall remain effective until 6 months after the date of adoption
  124  of the rule or the date of final resolution of all amnesty
  125  applications filed pursuant to this section, whichever occurs
  126  later.
  127         Section 3. This act shall take effect July 1, 2009.