| 1 | A bill to be entitled | 
| 2 | An act relating to the transient rentals tax; amending s.  | 
| 3 | 212.03, F.S.; providing definitions; requiring certain  | 
| 4 | persons to collect and remit the tax on certain transient  | 
| 5 | rentals; providing requirements, procedures, and  | 
| 6 | limitations; requiring the Department of Revenue to  | 
| 7 | provide for an amnesty for certain unpaid taxes,  | 
| 8 | penalties, and interest; providing criteria; providing  | 
| 9 | exclusions from application of the amnesty; authorizing  | 
| 10 | the department to adopt rules to implement the amnesty;  | 
| 11 | providing for effective period of such rules; providing an  | 
| 12 | effective date. | 
| 13 | 
  | 
| 14 | Be It Enacted by the Legislature of the State of Florida: | 
| 15 | 
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| 16 |      Section 1.  Subsections (8), (9), and (10) are added to  | 
| 17 | section 212.03, Florida Statutes, to read: | 
| 18 |      212.03  Transient rentals tax; rate, procedure,  | 
| 19 | enforcement, exemptions.-- | 
| 20 |      (8)  For purposes of this section and ss. 125.0104,  | 
| 21 | 125.0108, and 212.0305, the term "engaging in the business of  | 
| 22 | renting, leasing, letting, or granting a license to use  | 
| 23 | transient rental accommodations" includes any activity in which  | 
| 24 | a person offers information about the availability of  | 
| 25 | accommodations to a customer, arranges for the customer's  | 
| 26 | occupancy of the accommodations, establishes the total rental  | 
| 27 | price the customer pays for the accommodations, or collects the  | 
| 28 | rental payments from the customer. | 
| 29 |      (9)  The terms "total rent" as used in this section, "total  | 
| 30 | consideration" as used in ss. 125.0104 and 125.0108, and  | 
| 31 | "consideration" as used in s. 212.0305 have the same meaning and  | 
| 32 | include the total amount a customer must pay in order to use or  | 
| 33 | occupy a transient accommodation, including service charges or  | 
| 34 | fees that are a condition of occupancy, except for mandatory  | 
| 35 | fees imposed for the availability of communications services.  | 
| 36 | Charges or fees paid by a customer to the person collecting the  | 
| 37 | rent or consideration as a condition of occupancy are included  | 
| 38 | in the taxable rent or consideration even if the charges or fees  | 
| 39 | are separately itemized on the customer's bill or are for items  | 
| 40 | or services provided by a third party. Charges for items or  | 
| 41 | services provided to occupants of transient accommodations that  | 
| 42 | are not intrinsic to occupancy of the accommodation are provided  | 
| 43 | only upon the election of the occupant and are separately  | 
| 44 | itemized are not considered taxable rent. | 
| 45 |      (10)  Persons engaging in activities described in  | 
| 46 | subsection (8) shall register with the department and collect  | 
| 47 | and remit taxes on the total rent charged to their customers,  | 
| 48 | unless the registered owners or operators of the accommodations  | 
| 49 | agree in writing to report and remit taxes on their behalf. Any  | 
| 50 | written agreement must require the person collecting the rent to  | 
| 51 | report total taxable sales and taxes due and pay the taxes  | 
| 52 | collected to the owner or operator by the last day of the month  | 
| 53 | in which the customer pays the rent or the last day of the month  | 
| 54 | in which the customer completes the occupancy of the  | 
| 55 | accommodation. The owner or operator shall report and remit the  | 
| 56 | taxes with the owner or operator's return that is due in the  | 
| 57 | month following the month in which the taxes are paid to the  | 
| 58 | owner or operator. The owner or operator is not liable for any  | 
| 59 | tax, penalty, or interest due as a result of the failure of the  | 
| 60 | person who arranged the occupancy and collected the rent to  | 
| 61 | accurately report and remit the taxes imposed by this section or  | 
| 62 | by s. 125.0104, s. 125.0108, or s. 212.0305. If the owner or  | 
| 63 | operator does not agree to report and remit taxes on behalf of  | 
| 64 | the person who rents the accommodations as provided in  | 
| 65 | subsection (8), that person shall extend his or her annual  | 
| 66 | resale certificate in lieu of paying taxes on the amounts he or  | 
| 67 | she pays to the owner or operator for the accommodations. The  | 
| 68 | department may provide by rule for a single registration with  | 
| 69 | the department by a person engaged in the activities described  | 
| 70 | in subsection (8) for all political subdivisions for which the  | 
| 71 | tourist development tax is collected by the department rather  | 
| 72 | than require separate registrations for each location where  | 
| 73 | transient rental accommodations are located; however, a person  | 
| 74 | engaged in the activities described in subsection (8) must  | 
| 75 | register with each political subdivision that collects its own  | 
| 76 | tourist development tax. Such person may file consolidated  | 
| 77 | returns as provided in s. 212.11(1)(e). | 
| 78 |      Section 2.  (1)  The Department of Revenue shall provide  | 
| 79 | for an amnesty for unpaid taxes, penalties, and interest imposed  | 
| 80 | under chapter 125, Florida Statutes, or chapter 212, Florida  | 
| 81 | Statutes, on transient rentals provided: | 
| 82 |      (a)  The rentals subject to amnesty were made prior to July  | 
| 83 | 1, 2009. | 
| 84 |      (b)  The rental payments were collected by persons who are  | 
| 85 | not owners, operators, or managers of the transient rental  | 
| 86 | facilities or their agents. | 
| 87 |      (c)  The person who collected the rental payments registers  | 
| 88 | with the department to pay taxes on transient rentals on or  | 
| 89 | before October 1, 2009. | 
| 90 |      (d)  The person who collected the rental payments applies  | 
| 91 | for amnesty by October 1, 2009, pursuant to rules of the  | 
| 92 | department. | 
| 93 |      (2)(a)  The amnesty is not available for taxes, penalties,  | 
| 94 | or interest assessed if the assessment is final and has not been  | 
| 95 | timely challenged, or for any taxes, penalties, or interest that  | 
| 96 | have been paid to the department unless the payment is the  | 
| 97 | subject of an assessment that is not final or that has been  | 
| 98 | timely challenged. | 
| 99 |      (b)  The amnesty is not available for tax billed to or  | 
| 100 | collected from the consumer who pays for occupancy of the  | 
| 101 | transient rental facility. The amnesty applies, however, to such  | 
| 102 | amounts to the extent that the person who collected the rental  | 
| 103 | payments can document that such taxes were remitted to the owner  | 
| 104 | or operator of the transient rental facility. | 
| 105 |      (3)  The Department of Revenue may adopt emergency rules  | 
| 106 | under ss. 120.536(1) and 120.54(4), Florida Statutes, to  | 
| 107 | implement the amnesty. Such rules may provide forms and  | 
| 108 | procedures for applying for amnesty, for reporting the rentals  | 
| 109 | for which amnesty is sought, and for ensuring the applicant's  | 
| 110 | ongoing commitment to registration, collection, and remittance  | 
| 111 | of the taxes imposed by state law on transient rentals.  | 
| 112 | Notwithstanding any other provision of law, the emergency rules  | 
| 113 | shall remain effective until 6 months after the date of adoption  | 
| 114 | of the rule or the date of final resolution of all amnesty  | 
| 115 | applications filed pursuant to this section, whichever occurs  | 
| 116 | later. | 
| 117 |      Section 3.  This act shall take effect July 1, 2009. |