1 | A bill to be entitled |
2 | An act relating to communications services; amending s. |
3 | 202.29, F.S.; authorizing dealers to report a credit for |
4 | bad debt by netting the credit against the tax due; |
5 | authorizing dealers to use a proportionate allocation |
6 | method or other reasonable method in determining amount of |
7 | bad debt attributable to the state or local jurisdiction; |
8 | amending s. 365.172, F.S.; extending the date to begin |
9 | collecting the prepaid wireless E911 fee; providing for |
10 | retroactive operation of the amendment to s. 202.29, F.S.; |
11 | specifying that the amendment to s. 202.29, F.S., is |
12 | remedial in nature and not a basis for certain refunds of |
13 | tax; providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Subsection (4) is added to section 202.29, |
18 | Florida Statutes, to read: |
19 | 202.29 Bad debts.-- |
20 | (4)(a) A dealer may report the credit for bad debt allowed |
21 | under this section by netting such credit against the tax due to |
22 | the state pursuant to s. 202.12 or to a local jurisdiction |
23 | pursuant to s. 202.19, but such netting may not reduce the |
24 | amount due to the state or to any local jurisdiction below zero. |
25 | (b) For purposes of determining the amount of bad debt |
26 | that is attributable to the state or to a local jurisdiction, a |
27 | dealer may employ a proportionate allocation method based on |
28 | current gross taxes due or another reasonable allocation method |
29 | approved by the department. |
30 | Section 2. Paragraph (a) of subsection (8) of section |
31 | 365.172, Florida Statutes, is amended to read: |
32 | 365.172 Emergency communications number "E911."-- |
33 | (8) E911 FEE.-- |
34 | (a) Each voice communications services provider shall |
35 | collect the fee described in this subsection. Each provider, as |
36 | part of its monthly billing process, shall bill the fee as |
37 | follows. The fee shall not be assessed on any pay telephone in |
38 | the state. |
39 | 1. Each local exchange carrier shall bill the fee to the |
40 | local exchange subscribers on a service-identifier basis, up to |
41 | a maximum of 25 access lines per account bill rendered. |
42 | 2. Except in the case of prepaid wireless service, each |
43 | wireless provider shall bill the fee to a subscriber on a per- |
44 | service-identifier basis for service identifiers whose primary |
45 | place of use is within this state. Before July 1, 2011 2009, the |
46 | fee shall not be assessed on or collected from a provider with |
47 | respect to an end user's service if that end user's service is a |
48 | prepaid calling arrangement that is subject to s. 212.05(1)(e). |
49 | a. The board shall conduct a study to determine whether it |
50 | is feasible to collect E911 fees from the sale of prepaid |
51 | wireless service. If, based on the findings of the study, the |
52 | board determines that a fee should not be collected from the |
53 | sale of prepaid wireless service, it shall report its findings |
54 | and recommendation to the Governor, the President of the Senate, |
55 | and the Speaker of the House of Representatives by December 31, |
56 | 2008. If the board determines that a fee should be collected |
57 | from the sale of prepaid wireless service, the board shall |
58 | collect the fee beginning July 1, 2011 2009. |
59 | b. For purposes of this section, the term: |
60 | (I) "Prepaid wireless service" means the right to access |
61 | telecommunications services that must be paid for in advance and |
62 | is sold in predetermined units or dollars enabling the |
63 | originator to make calls such that the number of units or |
64 | dollars declines with use in a known amount. |
65 | (II) "Prepaid wireless service providers" includes those |
66 | persons who sell prepaid wireless service regardless of its |
67 | form, either as a retailer or reseller. |
68 | c. The study must include an evaluation of methods by |
69 | which E911 fees may be collected from end users and purchasers |
70 | of prepaid wireless service on an equitable, efficient, |
71 | competitively neutral, and nondiscriminatory basis and must |
72 | consider whether the collection of fees on prepaid wireless |
73 | service would constitute an efficient use of public funds given |
74 | the technological and practical considerations of collecting the |
75 | fee based on the varying methodologies prepaid wireless service |
76 | providers and their agents use in marketing prepaid wireless |
77 | service. |
78 | d. The study must include a review and evaluation of the |
79 | collection of E911 fees on prepaid wireless service at the point |
80 | of sale within the state. This evaluation must be consistent |
81 | with the collection principles of end user charges such as those |
82 | in s. 212.05(1)(e). |
83 | e. No later than 90 days after this section becomes law, |
84 | the board shall require all prepaid wireless service providers, |
85 | including resellers, to provide the board with information that |
86 | the board determines is necessary to discharge its duties under |
87 | this section, including information necessary for its |
88 | recommendation, such as total retail and reseller prepaid |
89 | wireless service sales. |
90 | f. All subscriber information provided by a prepaid |
91 | wireless service provider in response to a request from the |
92 | board while conducting this study is subject to s. 365.174. |
93 | g. The study shall be conducted by an entity competent and |
94 | knowledgeable in matters of state taxation policy if the board |
95 | does not possess that expertise. The study must be paid from the |
96 | moneys distributed to the board for administrative purposes |
97 | under s. 365.173(2)(f) but may not exceed $250,000. |
98 | 3. All voice communications services providers not |
99 | addressed under subparagraphs 1. and 2. shall bill the fee on a |
100 | per-service-identifier basis for service identifiers whose |
101 | primary place of use is within the state up to a maximum of 25 |
102 | service identifiers for each account bill rendered. |
103 |
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104 | The provider may list the fee as a separate entry on each bill, |
105 | in which case the fee must be identified as a fee for E911 |
106 | services. A provider shall remit the fee to the board only if |
107 | the fee is paid by the subscriber. If a provider receives a |
108 | partial payment for a monthly bill from a subscriber, the amount |
109 | received shall first be applied to the payment due the provider |
110 | for providing voice communications service. |
111 | Section 3. The amendment to s. 202.29, Florida Statutes, |
112 | made by this act shall operate retroactively to July 1, 2000; |
113 | however, the retroactive operation of such amendment is remedial |
114 | in nature, does not create a right to a refund, and does not |
115 | require a refund by any governmental entity of any tax, penalty, |
116 | or interest remitted to the Department of Revenue before July 1, |
117 | 2009. |
118 | Section 4. This act shall take effect July 1, 2009. |