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.