Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 2518
       
       
       
       
       
                                Barcode 633490                          
       
       593-04508D-09                                                   
       Proposed Committee Substitute by the Committee on Finance and
       Tax
    1                        A bill to be entitled                      
    2         An act relating to the tax on transient rentals;
    3         amending s. 212.03, F.S.; redefining terms; requiring
    4         persons who engage in certain business activities to
    5         collect and remit the tax on transient rentals;
    6         prohibiting an owner, owner’s representative, or
    7         operator from authorizing another person to facilitate
    8         the rental of transient rental accommodations unless
    9         the person agrees to collect and remit the tax on
   10         transient rentals; authorizing the Department of
   11         Revenue to provide by rule for a single registration
   12         for a dealer to register to collect the tourist
   13         development tax in certain political subdivisions;
   14         requiring dealers who engage in certain activities
   15         relating to transient rentals to separately state the
   16         taxes separately from the tangible personal property
   17         or services on the invoice; amending s. 212.06, F.S.;
   18         redefining the term “dealer”; authorizing the
   19         Department of Revenue to adopt emergency rules to
   20         implement the act; providing legislative intent;
   21         providing for prospective application of the act;
   22         providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsections (8) and (9) are added to section
   27  212.03, Florida Statutes, to read:
   28         212.03 Transient rentals tax; rate, procedure, enforcement,
   29  exemptions.—
   30         (8)(a)For purposes of this section, ss. 125.0104,
   31  125.0108, and 212.0305, and chapter 67-930, Laws of Florida, as
   32  amended, the business of renting, leasing, letting, or granting
   33  a license to use transient rental accommodations includes
   34  receiving a payment consisting of, in any part, an amount
   35  subject to tax under subsection (1) during the course of
   36  engaging in any of the following activities:
   37         1.Offering information regarding the availability of
   38  transient rental accommodations located in this state;
   39         2.Disclosing or establishing the amount paid for transient
   40  rental accommodations located in this state;
   41         3.Assisting in making a reservation for transient rental
   42  accommodations located in this state; or
   43         4.Participating in arranging for the occupancy of
   44  transient rental accommodations located in this state on behalf
   45  of another person.
   46         (b)The terms “total rent” as used in this section, “total
   47  consideration” as used in ss. 125.0104 and 125.0108,
   48  “consideration” as used in s. 212.0305, and “rent” as used in
   49  chapter 67-930, Laws of Florida, as amended, have the same
   50  meaning and include all amounts paid to a dealer engaged in the
   51  business activities described in paragraph (a) or otherwise
   52  collected or paid for the occupancy, use, or possession of an
   53  accommodation, or the right to occupy, use, or possess an
   54  accommodation. Such amounts include cash, credits, property,
   55  goods, wares, merchandise, services, or other things of value,
   56  without deduction for separately identified charges, surcharges,
   57  fees, or reimbursements, unless specifically excluded under
   58  paragraph (c).
   59         (c)The terms “total rent” as used in this section, “total
   60  consideration” as used in ss. 125.0104 and 125.0108,
   61  “consideration” as used in s. 212.0305, and “rent” as used in
   62  chapter 67-930, Laws of Florida, as amended, do not include:
   63         1.Mandatory charges imposed for the availability of
   64  communications services; or
   65         2.Separately stated taxes that are remitted to the taxing
   66  authority imposing the tax.
   67         (9)(a)A person who engages in activities described in
   68  paragraph (8)(a) shall register with the department and each
   69  self-administering local government and collect and remit taxes
   70  on the total rent pursuant to this section, total consideration
   71  pursuant to ss. 125.0104 and 125.0108, consideration pursuant to
   72  s. 212.0305, and rent pursuant to chapter 67-930, Laws of
   73  Florida. An owner, owner’s representative, or operator providing
   74  transient accommodations in this state may not enter into an
   75  agreement with any person intending to engage in the business
   76  activities described in paragraph (8)(a) concerning such
   77  accommodations unless such person has registered as a dealer
   78  pursuant to this chapter, has provided a resale certificate and
   79  has agreed in writing with the owner, owner’s representative, or
   80  operator to truthfully collect and remit tax on the total amount
   81  due on the rental of transient accommodations located in this
   82  state.
   83         (b)The department may provide by rule for a single
   84  registration with the department by a dealer engaged in the
   85  activities described in paragraph (8)(a) for all political
   86  subdivisions for which the tourist development tax is collected
   87  by the department. The department need not require separate
   88  registrations for each location where transient rental
   89  accommodations are located for a dealer who is not an owner or
   90  operator. However, a dealer engaged in the activities described
   91  in paragraph (8)(a) must register with each political
   92  subdivision that collects its own tourist development tax. Such
   93  dealer may file consolidated returns pursuant to s.
   94  212.11(1)(e).
   95         (c)Each dealer engaged in the activities described in
   96  paragraph (8)(a) shall add the amount of the taxes imposed by
   97  this section and ss. 125.0104, 125.0108, and 212.0305 and
   98  chapter 67-930, Laws of Florida, as amended, to the total rent
   99  and shall state the taxes separately from the price of the
  100  tangible personal property or services on all invoices. The tax
  101  shall be due and payable at the time of receipt of the payment
  102  in the manner provided for dealers pursuant to this chapter. The
  103  combined amount of taxes due under ss. 125.0104 and 125.0108,
  104  and chapter 67-930, Laws of Florida, as amended, shall be stated
  105  and identified as local tax, and the tax imposed pursuant to
  106  this section shall be stated and identified as sales tax.
  107         Section 2. Paragraph (m) is added to subsection (2) of
  108  section 212.06, Florida Statutes, to read:
  109         212.06 Sales, storage, use tax; collectible from dealers;
  110  “dealer” defined; dealers to collect from purchasers;
  111  legislative intent as to scope of tax.—
  112         (2)
  113         (m)“Dealer” also means any person who pursuant to an
  114  agreement with an owner, owner’s representative, or operator of
  115  a transient rental accommodation located in this state and
  116  incident to the sale, lease, or rental of such transient
  117  accommodations, receives a payment consisting of, in any part,
  118  an amount subject to tax under subsection (1) during the course
  119  of engaging in any of the following activities
  120         1.Offering information regarding the availability of
  121  transient rental accommodations located in this state;
  122         2.Disclosing or establishing the amount paid for transient
  123  rental accommodations located in this state ;
  124         3.Assisting in making a reservation for transient rental
  125  accommodations located in this state; or
  126         4.Participating in arranging for the occupancy of
  127  transient rental accommodations located in this state on behalf
  128  of another person.
  129         Section 3. The Department of Revenue may adopt emergency
  130  rules to implement this act. These rules may prescribe the
  131  necessary forms and procedures that apply to the transient
  132  rentals tax including provisions to ensure the timely
  133  registration, collection, and remittance of the taxes imposed by
  134  state law on transient rentals. Notwithstanding any other law,
  135  the emergency rules shall remain in effect for 6 months after
  136  the date of adoption of the rules or the date of final adoption,
  137  whichever occurs later.
  138         Section 4. Sections 1 and 2 of this act do not change the
  139  application of the taxes imposed by ss. 125.0104, 125.0108,
  140  212.03, and 212.0305 and chapter 67-930, Laws of Florida, as
  141  amended, do not alter the state of the law on such transactions,
  142  and do not indicate any legislative intent with regard to
  143  transactions occurring before the effective date of this act.
  144  This act applies to the collection, remittance, assessment, and
  145  a refund of tax only for the period beginning on and after July
  146  1, 2009.
  147         Section 5. This act shall take effect July 1, 2009.